Mukti Arpan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34114 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- KANKARBAG District- Patna ====================================================== 1.

MUKTI ARPAN Wife of Sri Anurag Arpan Resident of Flat No.103, Maharaja Kameshwar Complex, Frazer Road, P.S.- Kotwali, Distt.- Patna. 2.

Savita Kumari @ Sabita Kumari Wife of Sri Ashish Kumar Resident of Flat No. B-204, NTPC Bihar, Phase- 1, Asiayana Nagar, P.S.- Rajiv Nagar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 406 and 420/34 of the Indian Penal Code.

Petitioners are said to have taken subsidy to the tune of Rs. 9, 14, 020/- from the Industrial department for establishing small scale industry for manufacturing non-woven bags but the aforesaid industry of the petitioners was found traceless during inspection on 11.11.2018 and thus the petitioners have defalcated aforesaid government coffer. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.34114 of 2019(2) dt.08-08-2019 2/3 petitioners that they had established the Unit in the name and style of M/s Impex Anu for manufacturing non-woven bags taking subsidy from the Industrial department on 20.04.2013 and as per the agreement, they had to take permission of the competent authority for disposing of the said Unit within five years of its establishment. Petitioners have disposed of the aforesaid unit after 5 years in the month of June 2018. Thus they have not violated any terms and conditions of the agreement. Moreover they have paid entire loan of the Bank. Vide Annexure A-5, General Manger of the District Industrial Centre, Patna after inspection of the Unit of the petitioners on 24.03.2014 has submitted that the Unit of the petitioners is running from 20.04.2013. Petitioners happen to be ladies and they have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Kankarbagh P.S. Case No. 33 of 2019, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.34114 of 2019(2) dt.08-08-2019 3/3 the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T