Rekha Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7475 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Rekha Singh Wife of Shiv Shankar Prasad Singh Resident of VillageBakarpur, P.S. Mahua, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajendra Rai Son of Late Ram Bilash Rai (Infromant) Branch Manager, Vaishali District Central Co-operative Bank Ltd Branch Mahua, District Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends her arrest in connection with Mahua P.S. Case No. 82 of 2016 registered under Sections 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The fact is that she has paid the amount to the farmers from whom the paddy was purchased. Also the S.F.C itself refused to accept the paddy due to lower quality.

The learned APP opposes the prayer with submissions that the petitioner has defalcated the amount of Rs.

Patna High Court Cr.Misc. No.7475 of 2017 (5) dt.19-04-2017 2/2 13,27,903.204/- which was withdrawn by her to purchase paddy from the farmers. Hence, including interest, committed loss of Rs. 14,58,592.66/- to the government exchequer. However, learned counsel for the petitioner submits that he is ready to pay the amount, as claimed by the S.F.C, in 9 installments.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within period of six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 82 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Further the petitioner shall deposit the aforesaid amount in nine installments in nine months and on failure to do the same, the court concerned shall be at liberty to take appropriate steps.

(Arvind Srivastava, J) Prakash/- U T