Sangeeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44592 of 2025 Arising Out of PS. Case No.-109 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

Sangeeta Devi W/o Shailendra Kumar Resident of Durga Bari Bela Bagan, Deoghar, PS- Deoghar, Distt.- Deoghar (Jharkhand) 2.

Tarun Kumar S/o Ramsarath Singh @ Anil Singh R/o vill- Sartha, P.S.- Chandi, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Banka P.S. Case No. 109 of 2018, G.R. No. 413 of 2018, registered for the offences punishable under Sections 420 and 409 of IPC.

3. The prosecution case, as per the FIR lodged by Awadhesh Kumar, District Welfare Officer, Banka, is that the then Nazir, namely Shailendra Kumar defalcated 92,06,200/- ₹ of government money when he was posted at the office of the District Welfare Officer, Banka.

4. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.44592 of 2025(4) dt.27-11-2025 2/3 submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are wife and son of the main accused, Shailendra Kumar. It has further been submitted that Shailendra Kumar has been granted regular bail by a coordinate Bench of this Court vide order dated 06.11.2019 in Cr. Misc. No. 62681 of 2019. He has deposited the entire money in the government exchequer, which transpires from the order dated 30-10-2024 passed in Certified Appeal No. 04 of 2022-23 by the District Magistrate, Banka. In that order, the District Magistrate, Banka, has mentioned that Shailendra Kumar has deposited the entire money.

5. On the other hand, the learned APP for the State Sri Yogendra Kumar Singh has opposed the prayer for bail.

6. The main accused, Shailendra Kumar, has been granted bail. He has deposited the entire money. The petitioners are the wife and son of Shailendra Kumar.

7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in

Patna High Court CR. MISC. No.44592 of 2025(4) dt.27-11-2025 3/3 connection with Banka P.S. Case No. 109 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T