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Patna High CourtCR. MISC./50007/2021disposed

Reena Kumari @ Reena Devi v. The State Of Bihar

2021-12-09Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50007 of 2021 Arising Out of PS. Case No.-124 Year-2021 Thana- GORAUL District- Vaishali ====================================================== 1.

Reena Kumari @ Reena Devi W/O Ram Kishore R/O Village-Goraul, P.SGoraul, District-Vaishali. 2.

Ranjan Kumar R/O Village-Goraul Bhagwanpur, P.S-Goraul, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2021 Learned counsel for the petitioner seeks permission of the Court to withdraw this application in respect of petitioner no. 2 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 2.

Heard learned counsel for the petitioner no. 1 and learned APP for the State.

Learned counsel for the petitioner no. 1 is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner no. 1 is apprehending her arrest in a

Patna High Court CR. MISC. No.50007 of 2021(2) dt.09-12-2021 2/3 case registered under Sections 406, 409, 420 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons misappropriated the government money meant for welfare scheme of the government.

It has been submitted on behalf of the petitioner no. 1 that she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1. The petitioner no. 1 has falsely been implicated in the present case. The petitioner no. 1 is a lady. As per the measurement book, the work in respect of the scheme in question has already been completed. The petitioner no. 1 has been made accused due to mistake of fact. The reference of the measurement book can be found from the order passed by the Sessions Court also. On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 1, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.50007 of 2021(2) dt.09-12-2021 3/3 A.C.J.M. -1, Vaishali at Hajipur in connection with Goraul P.S. Case No. 124/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T