← Library
Patna High CourtCR. MISC./42957/2024allowed

Madhu Mala Devi @ Madhubala Devi v. The State Of Bihar

2024-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42957 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- DANDKHORA District- Katihar ====================================================== 1.

Madhu Mala Devi @ Madhubala Devi W/o Late Sanjeev Kumar Chauhan R/o Village-Nawada, P.s.-Dandkhora District Katihar 2.

Shaili Devi W/o Late Ashok Chauhan R/o Village-Nawada, P.s.-Dandkhora District Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prakash Sharma, Advocate For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP For the Informant :

Mr. Akhauri Kamal Kishore Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners, Mr. Dilip Kr. No. 1, learned APP for the State and learned counsel for the informant. 2.

The petitioners apprehends their arrest in a case registered for the offence punishable u/s 406, 409, 420/34 of IPC. 3.

Allegedly, petitioners have purchased 346.400 MT paddy for the year 2022-23 but as per portal only 253.77 MT was supplied to the miller and remaining 92.63 MT paddy has been misappropriated by the chairman and secretary. Only Rs. 2,36,000/- was deposited and hence Rs. 19,12,809.50/- has been misappropriated by PACS at the rate of Rs. 2065/- per quintal. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.42957 of 2024(7) dt.19-11-2024 2/2 occurrence, in the manner as alleged, has ever taken place. It is also submitted that award was given by the Central Cooperative Bank and certificate case has also been filed against the petitioners. Petitioners have no criminal antecedent. 5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, and the fact that certificate case is already filed against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dandkhora P.S. Case No.10 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T