Kanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39536 of 2024 Arising Out of PS. Case No.-95 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Kanti Devi W/O Ram Lakhan Ram R/O- Vill- Jaimangalpur, P.S- Shikarpur District -West champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The accused/petitioner is not named in the FIR and apprehending her arrest in connection with Shikarpur P.S. Case No. 95 of 2021 for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is to misappropriate the fund of Rs. 12,69,000/- alongwith other co-accused persons, allotted for Mukhyamantri Gramin Peyjal Nishchay Yojna, as sanctioned work was not completed.
Patna High Court CR. MISC. No.39536 of 2024(2) dt.12-07-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that work as ordered was completed by this petitioner but due to flat variations of measurement, the present false implication was raised by the present Panchayat Secretary. It is submitted that after measurement, it was found that only a work for Rs. 46,300/- appears doubtful, out of allotted fund of Rs. 12,69,000/-, which was deposited by the co-accused Hridyanand Tiwari through treasury challan in given bank account of the Panchayat and also obtained "No Dues Certificate" for said effect from the present Block Development Officer, Narkatiaganj. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent.
5. Learned APP opposes the prayer of anticipatory bail.
6. In view of the facts and circumstances as mentioned above, as "No Dues Certificate" was obtained by the co-accused after depositing the alleged misappropriate amount, accordingly, the above-named petitioner, who is a
Patna High Court CR. MISC. No.39536 of 2024(2) dt.12-07-2024 3/3 lady of clean antecedent and is directed to be released on bail in the event of her arrest or surrender within a period of four weeks from today, on 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, Bettiah, District-West Champaran/concerned Court in connection with Shikarpur P.S. Case No. 95 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T