Poonam Kumari @ Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33160 of 2022 Arising Out of PS. Case No.-124 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== POONAM KUMARI @ POONAM DEVI W/o Lalan Saw The Then secretary of Ward Implementation and Management Committee of Ward no.01 of Gram Panchayat Raj Dumari , Resident of Village - Gopalpur, P.s.- Barahiya, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Maharaj For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barahiya P.S. Case no. 124/2020 instituted for the offence under Sections 353 and 409 of the Indian Penal Code. As per allegation in the FIR, petitioner is Secretary of Ward Implementation and Management Committee of Ward No. 01 of Gram Panchayat Raj, Dumari and it is alleged that she has embezzled the govt. fund which was provided under the scheme of Mukhiya Mantri Gramin Peyjal Nikshay Yojana for completing the work.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.33160 of 2022(2) dt.04-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. She is not named in the FIR rather her name figured in the supervision report of the S.P.. Similarly situated co-accused person has already been granted anticipatory bail vide order dated 07.04.2022 passed in Cr. Misc. No. 37911 of 2020. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barahiya P.S. Case no. 124/2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U