Juhi Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24394 of 2016 Arising Out of PS.Case No. -382 Year- 2014 Thana -BAHERA District- DARBHANGA ====================================================== Juhi Parveen Wife of Md. Jubair Resident of Village- Lilpur Police Station Bahera, (Ali Nagar) District Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bahera P.S. Case No. 382 of 2014, disclosing offences under Sections 406 and 420/34 of the Indian Penal Code. The petitioner is said to have withdrawn an amount of Rs.30,000/- under 'Indira Awas Yojana' claiming to be a beneficiary being poverty line (BPL), by misrepresentation. Learned counsel for the petitioner has submitted that because of some discrepancies in the records relating to wrong mention of father's name of the husband of the petitioner, the First Information Report has been registered. He has also submitted that considering the nature of accusation, there is no chance of

Patna High Court Cr.Misc. No.24394 of 2016 (3) dt.14-07-2016 2/2 tampering with evidence.

Learned A.P.P. opposes the prayer for bail and has submitted that it has come in course of investigation that the petitioner knowingly produced wrong photograph for the purpose of withdrawing said amount.

Be that as it may, considering the entire facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, in the event of her arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, in Bahera P.S. Case No. 382 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutives occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) siddharth/- U