Smt. Bimala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13038 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -AAYAR District- BHOJPUR ====================================================== Smt. Bimala Devi Wife of Ramun Ram, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. Manish Kumar 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner being panchayat Mukhiya is apprehending arrest in a case registered for the offences punishable under Sections 408, 409, 420, 120B/34 of the Indian Penal Code.

The Block Development Officer, Jadishpur, Bhojpur levelled accusation against 28 persons, who are Mukhiya and Panchayat Secretary, that by diverting the funds of different schemes solar lights were purchase at a higher rate though the F.I.R. does not disclose any detail as from which scheme the funds were diverted and in what price the solar lights were purchased.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.13038 of 2015 (2) dt.30-03-2015 2/2 that other co-accused have been granted bail vide Criminal Miscellaneous No.5514 of 2015 and Criminal Miscellaneous No.6061 of 2015. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts and the petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Ayar P.S. Case No. 93 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that they will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T