Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42553 of 2021 Arising Out of PS. Case No.-99 Year-2014 Thana- BELHAR District- Banka ====================================================== RENU DEVI Wife of Kameshwar Prasad Singh @ Kameshwar Singh Resident of Village- Soutadih, P.O. Belhar, Ditrict- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Belhar P.S.Case No. 99/2014, registered for the offence punishable under Section 420, 409 and 34 of the Indian Penal Code. The present case has been instituted on the basis of written report filed by the B.D.O., Belhar,

Patna High Court CR. MISC. No.42553 of 2021(2) dt.07-01-2022 2/3 District-Banka wherein it has been alleged that the Mukhiya, the Panchayat Sachiv and the Panchayat Rojgar Sewak of Jhikulia Panchayat have misappropriated Government funds allotted for constructing Nala, Road, Panchayat Building etc. under the Jhikulia Panchayat.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 7.6.2021. The learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case merely because she is the wife of the Mukhiya, who is alleged to be the main accused in the present case. It is further submitted, by referring to paragraph no. 12 of the present petition, that the husband of the petitioner and other co-accused persons have already been granted regular bail by the learned court below itself.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.42553 of 2021(2) dt.07-01-2022 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is an old lady aged about 62 years and she has been roped in the present case on account of being the wife of the Mukhiya of the concerned Panchayat, who has already been granted regular bail by the learned court below, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM at Banka in connection with Belhar P.S.Case No. 99 of 2014.

(Mohit Kumar Shah, J) Ajay/- U T