Kabutri Devi(Panch) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40527 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- CHANDI District- Nalanda ====================================================== 1.

KABUTRI DEVI(PANCH), Female, aged about 60 years, W/o Sukhdeo Paswan R/o village- Arish Khandha, P.S.- Chandi, Distt.- Nalanda 2.

Renu Devi (Jeevika), Female, aged about 35 years, W/o Ashok Ram R/o village- Gilani Chak, P.S.- Chandi, Distt.- Nalanda 3.

Guriya Devi (SC/Member), Female, aged about 25 years, W/o Ranjit Rajak @ Ranjit Kumar R/o village- Gilani Chak, P.S.- Chandi, Distt.- Nalanda ... Petitioners

Versus

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

For the Petitioners :

Mr. Birendra Kumar, Adv.

For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Chandi P.S. Case No. 103 of 2018 for the offences alleged under Sections 420, 120B, 406 and 409 of the Indian Penal Code. The water tower erected for supply of drinking water to the villagers under the Chief Minister's of Seven Nishchaya Programme of Jal-Nal Scheme of Goraipur Gram Panchayat got collapsed so the present case lodged in respect to irregularities committed in the construction of water tower against the Secretary, Members and Junior Engineer.

The learned counsel appearing for the petitioners submits that petitioner no. 1 is Panch, petitioner no. 2 is Jeevika and petitioner no. 3 is the Scheduled Castes Member and they have no role in construction of the water tower in any manner,

Patna High Court CR. MISC. No.40527 of 2019(2) dt.02-07-2019 2/2 but, they have also been implicated in this case. Further submission is that co-accused, Harendra Ram and Pinku Kumar, Members of the Panchayat, have already been allowed privilege of pre-arrest bail by a coordinate Bench of this Court in Cr. Misc. No. 38734 of 2019, dated 26.06.2019.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chandi P.S. Case No. 103 of 2018 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Hilsa, Nalanda, subject to the conditions as laid down under Section 438(2) Criminal Procedure. (Rajendra Kumar Mishra, J) Shamshad/- U T