Reeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47106 of 2024 Arising Out of PS. Case No.-63 Year-2022 Thana- LADANIA District- Madhubani ====================================================== 1.
Reeta Devi Wife Of Sahdev Ram Village- Mahtha, Ward No.-13, P.S.- Ladaniya Dist Madhubani 2.
Ramdular Kamat Son Of Sitaram Kamat Village- Mahtha, Ward No.-13, P.S.- Ladaniya Dist Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Ladaniya P.S. Case No. 63 of 2022 registered under Sections 420, 409 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that petitioners have misappropriated government money of Rs. 13,00,000/- which was given to them under the Nal Jal Yojna scheme.
4. Learned counsel appearing on behalf of the petitioners submits that at the relevant time, petitioner no. 1 was Exchairman of Ward Kiryanbayan and Prabandhan Samiti and petitioner No. 2 was Secretary of WIMC, and they were
Patna High Court CR. MISC. No.47106 of 2024(3) dt.23-09-2024 2/3 authorized to allot the work of Nal Jal Yojna to a contractor. It is further submitted that petitioners have not misappropriated the government money as the work was not completed by the contractor, for which informant lodged a case against the contractor in the year 2020 itself. By filing a supplementary affidavit, learned counsel for the petitioners submits that coaccused Ganga Nath (contractor) had completed 65-70% work and remaining work was pending worth Rs. 3 lakhs, and he has already been granted bail by a co-ordinate Bench of this Court vide order dated 09.03.2021 passed in Cr. Misc. No. 40882 with a direction that he shall deposit a sum of Rs. 3 lakhs in the learned Court below, which has already been deposited by coaccused Ganga Nath. Petitioners have got clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application.
6. Having considered the fact that the contractor, who is main accused, has already been granted bail by a co-ordinate Bench of this Court, and allegation against these petitioners are general and omnibus, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand)
Patna High Court CR. MISC. No.47106 of 2024(3) dt.23-09-2024 3/3 each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Ladaniya P.S. Case No. 63 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T