Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35375 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Indu Devi Wife of late Ashok Singh@ Ashok Kuwar Resident of VillageDumariya, Police Station- Mohammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Mohammadpur P.S.Case No. 11 of 2018 registered under Sections 409 and 420 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that though in the FIR it has been alleged that the petitioner was given advance payment for construction of 732 toilets but only 659 incomplete toilets were found constructed within the prescribed period, the fact of the matter is that due to non-availability of sand in the State of Bihar for sufficiently long time, construction was delayed and subsequently when sand became available, the remaining construction work was

Patna High Court Cr.Misc. No.35375 of 2018 (2) dt.28-06-2018 2/2 completed. In this regard the Block Coordinator of Sindhwaliya Block has also held enquiry and issued letter on 09.03.2018. The petitioner is a widow lady. She has got roots in the society and is not likely to abscond or tamper with the evidence. Considering the nature of allegation made in the FIR and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S.Case No. 11 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T