Smt. Sunita Devi @ Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38597 of 2019 Arising Out of PS. Case No.-555 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

SMT. SUNITA DEVI @ SUNITA DEVI W/o Ganesh Ram (Chairperson - Ward No. 15 Management and Execution Committee), Resident of Village - Banghara Hardaas, P.o.- Kurhani, P.S.- Kurhani, Dist.- Muzaffarpur. 2.

Murai Kumar @ Murari Kumar Son of Late Bhageran Bhagat (Secretary - Ward No. 15 Management and Execution Committee), Resident of Village - Banghara Hardaas, P.o.- Kurhani, P.S.- Kurhani, Dist.- Muzaffarpur. 3.

Smt. Dhana Devi @ Dhana devi W/o Ram Ishwar Manjhi (Chairperson - Ward No. 16 Management and Execution Committee), Resident of Village - Banghara Hardaas, P.o.- Kurhani, P.S.- Kurhani, Dist.- Muzaffarpur. 4.

Arun Kumar Thakur @ Arun Kumar Son of Rajeshwar Prasad Thakur (Secretary - Ward No. 16 Management and Execution Committee), Resident of Village - Banghara Hardaas, P.o.- Kurhani, P.S.- Kurhani, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehend their arrest in connection with Kurhani Police Station Case No.555 of 2018 registered under Sections 409/34 of the Indian Penal Code.

The accusation is that under the Mukhyamanti Gramin Peyjal Nischay Yojana, the work regarding the installation of tube-well, fitting of water tank and pipe connection etc. in the

Patna High Court CR. MISC. No.38597 of 2019(4) dt.27-09-2019 2/3 houses of Ward Nos.15 and 16 of Block-Kudhani under Gram Panchayat Raj Bangra Banshidhar was distributed of which the petitioner nos.1 and 2 were Chairperson and Secretary respectively of Ward No.15 and, similarly, the petitioner nos.3 and 4 were Chairperson and Secretary respectively of Ward No.16. On complaint, inquiry was made in which the work, as was to be done, was not found up-to the mark. Learned counsel for the petitioners submits that the required work was done in the said wards in the supervision of the respective petitioners, which is said to be not found up-to the mark on inquiry.

In fact, for the work of construction of Ward Level Rural Piped Water Supply Scheme under Mukhyamantri Gramin Peyjal Nischay Yojana, only estimated amount was given and the measurement and name of the company of which the material was to be used were not given. Due to dirty village politics, on the complaint of the enemies of the petitioners, the complaint was made and the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged

Patna High Court CR. MISC. No.38597 of 2019(4) dt.27-09-2019 3/3 on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Kurhani Police Station Case No.555 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T