Nunuwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37911 of 2020 Arising Out of PS. Case No.-124 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

NUNUWATI DEVI W/o Ram Jatan Paswan member of ware no. 01 of Gram Panchayat Raj Dumari Resident of Village-Gopalpur, Post Office-Dumari, P.S.-Barahiya, District-Lakhisarai.

2.

SANJAY KUMAR SINGH S/o Awadh Kishor Singh ward member of ward no.10 of grampanchayat Raj Dumari resident of Village-Jwas, P.S-Barahiya, District-Lakhisarai.

3.

AKHILESHWAR KUMAR S/o Late Arjun Singh member of ward no.11 and also vice Mukhiya of the Gram Panchayat Raj Dumari resident of village-Jwas, P.S-Barahiya, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Maharaj, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 353 and 409 of the Indian Penal Code.

The prosecution case in short is that some amounts under the Mukhuya Mantri Gramin Peyjal Nishchya Yojana were transferred to the Bank accounts of the Chairman-cumWard Member of ward nos.01, 10 and 11 for completing the work of drinking water but in spite of availability of amounts in

Patna High Court CR. MISC. No.37911 of 2020(3) dt.07-04-2022 2/3 the bank accounts, the work was not even started by the Ward Implementing Management Committee.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that several ward members of Dumari Gram Panchayat also raised their voice against the loot of public money and proposed that the work of Har Ghar Nal Jal Scheme under the Mukhya Mantri Sat Nikshay Youjana be completed by the government agency PHED or the other government officials of Bihar. He further submits that for a long time the petitioners are raising their voice against the corruption, illegality and loot of public money by the husband of the Mukhiya, Panchayat Secretary and the block official in various schemes in their Panchayat, upon which the husband of the Mukhiya in collusion with the governments officials started harassing and humiliating them and also tried to keep them mum and not a single farthing was withdrawn by the petitioners from their bank account which relates to this scheme. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.37911 of 2020(3) dt.07-04-2022 3/3 petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. case No.124 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T