Brahmini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18591 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -DEO District- AURANGABAD ====================================================== Brahmini Devi, Ex. Mukhiya, Panchayat Dulare, W/o Bijay Paswan, resident of Village- Bhaluahi, P.S.- Dibra, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 05-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Deo P.S. Case No.36 of 2016 registered under Sections 419, 420 and 406 of the Indian Penal Code.

The accusation is that the petitioner being the then Mukhiya of the Gram Panchayat, Dulare, in collusion with the Panchayat Secretary misappropriated Rs.45,39,776/- without doing the work.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the work was done by the petitioner being the Mukhiya of the Gram Panchayat, Dulare, but the Panchayat

Patna High Court Cr.Misc. No.18591 of 2017 (2) dt.05-05-2017 2/2 Secretary was responsible to produce all the papers regarding the work done and the Panchayat Secretary did not produce any paper before the Auditor, due to that reason, the present case has been lodged. In the meantime, the Panchayat Secretary died and, anyhow, the petitioner collected the papers regarding the work done worth Rs.41,43,767/-, which would appear from Annexure- '3' series to this application. Further submission is that the petitioner being the lady is in custody since 23.01.2017 and the chargesheet has already been submitted against the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case No.36 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T