Khushbu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31457 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Khushbu Kumari, Wife of Raju Sharma @ Raju Kumar, Resident of Village - Sirsa Biran, P.S.- Lalganj, District - Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Lalganj P.S. Case No.2 of 2023 registered for the offences punishable under Sections 420 and 409 read with 34 of the Indian Penal Code.

3.

The accused/petitioner is named in the FIR and is in custody since 03.02.2023 4.

Allegation against the petitioner is to fraudulently transferred the cash received for execution of 'Nal Jal Yojna', a welfare scheme of Government of Bihar, where allegation of defalcation is limited with Rs.65,000/-.

Patna High Court CR. MISC. No.31457 of 2023(3) dt.04-08-2023 2/3 5.

It is submitted by learned counsel that petitioner is an elected ward member and she completed entire task and utilized entire funds for said work as allotted by Government of Bihar. It is submitted that said fact also furnished through supplementary affidavit. It is submitted that out of local political issues, petitioner falsely implicated with present case without having any cogent material. While concluding argument, it is submitted that the petitioner is a lady of clean antecedent and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as petitioner is a lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.02.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S.

Patna High Court CR. MISC. No.31457 of 2023(3) dt.04-08-2023 3/3 Case No.2 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T