Akseema Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28714 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== AKSEEMA KHATOON W/o Jafaruddin @ Md. Sarfuddin Alam Resident of Village-Manika Bishanpur (Bishunpur) Chand, P.S.-Mushahari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Advocate.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 406 & 420 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, being the Ward Member, had taken Rs.2000/- as bribe from the various beneficiaries under the Lohia Swachhta

Patna High Court CR. MISC. No.28714 of 2020(2) dt.12-11-2020 2/2 Mission.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the Ward Member has only to care the ward and has no role to play in the government scheme. The F.I.R. is undated, which itself makes the matter suspicious. The petitioner has no criminal antecedent and has been languishing in custody since 22.06.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Muzaffarpur in connection with Mushahari P.S. Case No.239 of 2019.

Trivedi/- (Anjani Kumar Sharan, J) U T