Patna High CourtCR. MISC./7834/2016rejected

Smt. Gulshan Ara v. The State Of Bihar

2016-09-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7834 of 2016 Arising Out of PS.Case No. -335 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Smt. Gulshan Ara Wife of Md. Imteyaz Alam Resident of village - Gaira, Police Station Araria, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sajid Salim Khan For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2016 Heard both sides.

The petitioner apprehends her arrest in Araria P.S. Case No. 335 of 2015, registered for the offences punishable under Sections 406, 409, 420 and 120B of the Indian Penal Code. The prayer for anticipatory bail petition of the petitioner was earlier rejected vide order passed in Cr. Misc. No. 43962/2015. The petitioner is Mukhiya of Gram Panchayat Gaira. The Petitioner (Mukhiya), Panchayat Sachiv and executants of the schemes of Scheme no. 1/2013-14, Scheme no. 3/2014-15, Scheme no. 1/2012-13 and supplier of hand pipes are alleged to have defalcated the entire amount worth Rs. 9,13,400/-. The petitioner was Mukhiya of the Gram Panchayat took an advance of Rs. 9,13,400/- and did not complete the work in time. Considering

Patna High Court Cr.Misc. No.7834 of 2016 (4) dt.28-09-2016 2/2 the aforesaid facts the prayer for anticipatory bail petition of the petitioner was earlier rejected. The petitioner again filed this petition for grant of anticipatory bail.

Learned counsel for the petitioner submits that the petitioner is ready to either deposit the entire amount or complete the work of all the schemes.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner deposits the entire amounts alleged to have been defalcated and surrenders in the court below, the court below shall consider the regular bail of the petitioner considering that the petitioner has already deposited the entire amounts. (Prabhat Kumar Jha, J.) Rakhi U T