Bhanu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39188 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- DEO District- Aurangabad ====================================================== 1.

BHANU DEVI W/O SURYAPRAKASH SINGH RESIDENT OF VILLAGE - SILAD, P.S. - DEO, DISTRICT - AURANGABAD 2.

DILIP SHARMA S/O LATE BHOLA SHARMA RESIDENT OF VILLAGE - SILAD, P.S. - DEO, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2021 Heard Mr. Rakesh Singh, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners, who are the ward President and Secretary seek bail in anticipation of their arrest in connection with Deo P.S. Case No. 73 of 2019 instituted for the offences under Sections 406, 409, 420/34 of the Indian Penal Code. The accusation against the petitioners is that they along with other ward Presidents and Secretaries have not executed the work under Mukhyamantri Saat Nischaya Yojna to the full.

Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.39188 of 2020(2) dt.04-05-2021 2/3 an absolutely false allegation has been made levelled the petitioners who have ensured the entire execution of the work in their wards. It has also been submitted that similarly situated accused persons have been granted bail by different Bench of this Court. The accusation against the petitioners is absolutely vague and the F.I.R. appears to have been lodged without awaiting the verification note of the persons who were entrusted with the task of verifying the accusation by the District Magistrate, Aurangabad.

Considering the afore-stated facts, the petitioners, above named, are directed to be released on bail in the event of their arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order on furnishing bail bonds in the sum of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case No. 73 of 2019 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T

Patna High Court CR. MISC. No.39188 of 2020(2) dt.04-05-2021 3/3