Subasani Devi @ Shuvasani Devi @ Suwasani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39649 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== SUBASANI DEVI @ SHUVASANI DEVI @ SUWASANI DEVI W/o Gopal Manjhi R/o village- Sonkhar, P.S.- Ramnagar, District- West Champaran (Bettiah) ... ... Petitioner/s
Versus
The State of Bihar Bihatr ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S.R.P. Sinha, Sr. Adv.
:
Mr.Lokesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2021 Heard Mr. Baxi S.R.P. Sinha, learned senior Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in connection with Ramnagar P.S. Case No. 26 of 2020 instituted for the offence under Sections 406 and 409 of the Indian Penal Code.
It is alleged in the First Information Report which has been lodged by a Block Development Officer that the work of Mukhyamantri Gramin Peyjal Nischay Yojna and Mukhyamantri Gramin Gali Nali Pakkikaran
Patna High Court CR. MISC. No.39649 of 2020(2) dt.03-06-2021 2/3 Nischay Yojna have not been supervised properly by the petitioner who at the relevant time was serving as a Mukhiya of the concerned Panchayat.
Learned senior Advocate for the petitioner has submitted that there is no accusation against the petitioner of any financial irregularity. She has only been accused of not supervising the execution of the work under the afore-noted two schemes. Apart from this, it has been submitted that for the effective implementation of the work and its execution, there are committees constituted for the same and it was highly improper for the informant, the B.D.O. to have lodged the case solely against the petitioner. Learned senior counsel for the petitioner has submitted that the accusation against her does not actually warrant any custodial interrogation of the petitioner.
Considering the afore-noted arguments and looking at the gender of the petitioner, she is directed to be released on bail in the event of her arrest or
Patna High Court CR. MISC. No.39649 of 2020(2) dt.03-06-2021 3/3 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 of Rs.10,000/- (Rs. Ten Thousand) with two sureties of like amount to the satisfaction of learned Additional Chief Judicial Magistrate -V, Bagaha, West Champaran, in connection with Ramnagar P.S. Case No. 26 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T