Bebi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43838 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -SANDESH District- BHOJPUR ======================================================

1. Bebi Devi, Wife of Rambabu Saw, Resident of Village- Narayanpur, Police Station- Sandesh, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 Heard the parties.

The petitioner is apprehending her arrest in connection with Sandesh P.S. Case No.162 of 2017, registered for the offences punishable under Sections 420, 409 and 120 (B) of the Indian Penal Code.

Allegation is that the petitioner who happens to be the Sarpunch of the Akhgaon Gram Panchayat, has not made payment of stipend to the panches and the Secretary for the financial years 20.11.2012, 20.12.2013 and 20.03.2014 while amount of the stipend of the aforesaid period has already been withdrawn by the Sarpanch.

Submission of learned counsel for the petitioner is that for the aforesaid financial years the amount of the stipend has to be distributed by the Block Development Officer and not by the

Patna High Court Cr.Misc. No.43838 of 2018 (2) dt.20-07-2018 2/2 petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail 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 Magistrate Bhojpur, Ara, in Sandesh P.S. Case No.162 of 2017, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that he has to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U