Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33730 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

PARWATI DEVI W/o Sunil Singh Ward Member of Ward No.17 of Telaunchh Panchayat, Resident of Village-Talauchha, P.S.-Chautham, District-Khagaria.

2.

Manoj Kumar Singh @ Manoj Kumar S/o Bhumeshwar Singh Ward Sachiv of Ward No.17 of Telaunchh Panchayat, Resident of Village-Telauchh, P.S.- Chautham, District-Khagaria.

3.

Ravina Devi W/o Yogendra Paswan Ward Member of Ward No.7 of Telaunchh Panchayat, Resident of Village-Bakiya, P.S.-Chautham, DistrictKhagaria. 4.

Supriya Kumari W/o Dileep Paswan Ward Sachiv of Ward No.7 of Telaunchh Panchayat, Resident of Village-Bakiya, P.S.-Chautham, DistrictKhagaria. 5.

Sita Devi W/o Sadanand Sah Ward Member of Ward No.1 at Telaunchh Panchayat, Resident of Village-Paharachak, P.S.-Chautham, DistrictKhagaria. 6.

Bhola Kumar S/o Sani Singh Ward Sachiv of Ward No.7 of Telaunchh Panchayat, Resident of Village-Paharachak, P.S.-Chautham, DistrictKhagaria. 7.

Md. Sajjad S/o Md. Farasat Alam Ward Member of Ward No.7 of Sarsawa Panchayat, Resident of Village-Sarsawa, P.S.-Chautham, District-Khagaria. 8.

Md. Abdul @ Md. Abdul Salam S/o Md. Khilafat Hussain Ward Sachiv of Ward No.7 of Sarsawa Panchayat, Resident of Village-Sarsawa, P.S.- Chautham, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Patna High Court CR. MISC. No.33730 of 2020(2) dt.01-03-2021 2/3 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 406, 409, 420/34 of the Indian Penal Code.

Allegation is that the petitioners embezzled the government fund.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are the Ward Members and Ward Secretaries of the concerned Panchayat. They were to carry out the government schemes for public welfare in the said Panchayat. The money of the scheme was misappropriated by the them and for the said reason the present case has been instituted. It has further been submitted on behalf of the petitioners that each of the petitioners is ready to deposit an amount of Rs.40,000/- each in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Patna High Court CR. MISC. No.33730 of 2020(2) dt.01-03-2021 3/3 Considering the aforesaid facts and circumstances, each of the petitioners is directed to deposit an amount of Rs.40,000/- each in the court below, which shall be subject to the final disposal of the case. On doing so, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. case No.40 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T