Patna High CourtCR. MISC./25878/2015bail granted

Mamta Kumari v. The State Of Bihar

2015-07-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.25878 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25878 of 2015 Arising Out of PS.Case No. -299 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Mamta Kumari wife of Sri Shiv Shankar Prasad Suman resident of village Hushena Khurd P.S. Goraul District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends her arrest in connection with Goraul P.S. Case no. 299/2014 registered under sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code.

Purchase of solar light was made while petitioner was working as mukhiya and accusation against her is that she purchased solar light for the financial year 2005-12 violating the direction of the State Government. From perusal of annexure 3 to the petition, it appears that in the year 2007, certain guidelines were issued for purchase of solar light but in the aforesaid guidelines there was no instruction to purchase solar light from a particular company. The contention on behalf of the petitioner is that the petitioner has already resigned from the post of mukhiya in the year 2009 and moreover, some co-accused persons have already been

Patna High Court Cr.Misc. No.25878 of 2015 (2) dt.27-07-2015 admitted to anticipatory bail by this court as well as by coordinate benches of this court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Vaishali at Hajipur in Goraul P.S. Case no. 299/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T