Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44394 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Kamla Devi W/O Lakshman Choubey R/O Village- Jawahi Diyar, Balua, P.S.- Brahampur, District- Buxar.

2.

Pankaj Kumar Choubey @ Pankaj Choubey Son Of Virendra Nath Choubey R/O Village- Jawahi Diyar, Balua, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Arun Kumar Gupta, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 The learned APP for the State has filed a counter affidavit in Court, which is kept on record.

Vide order dated 14.09.2022, the prayer for anticipatory bail of petitioner no.2, Pankaj Kumar Choubey @ Pankaj Choubey was already permitted to be withdrawn. Heard both sides.

Petitioner No.1, Kamla Devi apprehends her arrest in connection with Brahampur P.S. Case No.200 of 2022, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

The petitioner No.1, who is the Ex-Ward Chairman of Javahi Diyar Gram Panchayat, is said to have defalcated money

Patna High Court CR. MISC. No.44394 of 2022(4) dt.03-11-2022 2/2 of Chief Minister Street Drainage Scheme launched by Government of Bihar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that process under Sections 82 and 83 Cr.P.C. has already been initiated, which is also mentioned in para 245 of the case diary. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner no.1, Kamla Devi on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner no.1, Kamla Devi is rejected.

(Anjani Kumar Sharan, J) Sanjay/- U T