Manju Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61226 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- INARWA District- West Champaran ====================================================== Manju Devi W/o Munna Ram, Resident of Village - Sadakiya Tola, P.S. - Bhangaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2018 The Branch Manager of Punjab National Bank, Inarwa Branch is present in Court in pursuance of order dated 05.10.2018 along with counter affidavit. His personal appearance is dispensed with.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

Petitioner was Ward Councillor of another Ward. Allegation is that she withdrew money from the bank account of Laxmi Devi impersonating herself as Laxmi Devi. The petitioner is also an illiterate person. Her Left Thumb Impression on the withdrawal form was identified by the co-

Patna High Court Cr.Misc. No.61226 of 2018(3) dt.26-11-2018 2/2 accused Jitendra Thakur. Subsequently, under Panchayati petitioner had refunded the withdrawan amount to the account of Laxmi Devi.

Submission is that this is a case of bona fide mistake. Petitioner is also an illiterate lady. She has got no criminal antecedent.

Considering the facts aforesaid, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Inarwa Police Station Case No. 31 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T