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Patna High CourtCR. MISC./41482/2018dismissed

Rukhsana Praveen v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41482 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Rukhsana Praveen W/o Zahid Hussain, R/o Vill.- Bathiya, P.S.- Manigachhi and District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, A.PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Manigachi P. S. Case No. 30 of 2018, registered for offences punishable under Sections 406, 409, 420 and 34 of the Indian Penal Code.

Allegation against the petitioner, who happens to the then Mukhiya of Gram Panchayat, Raj Bathia is that the petitioner along with other two other co-accused persons made a fraudulent withdrawal of Rs. 57, 83,300/- for different development work but work was not done.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case without

Patna High Court Cr.Misc. No.41482 of 2018 (2) dt.18-07-2018 2/2 any valid reason and the petitioner is a simple lady. It is further submitted that no signature of the petitioner as the then Mukhiya was found on the paper concerned with scheme and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T