Anandi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1072 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Anandi Devi, wife of Chandradev Paswan,

2. Usah Devi, wife of Binay Paswan,

3. Kaili Devi, wife of Mahendra Paswan,

4. Dukhani Devi, wife Gugali Pandit, are resident of Village -Jahrilipatti,

5. Geeta Devi, wife of Prabhu Paswan, resident of village- Gamharia, all are Police Station - Raghopur, District- Supaul. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arun, Advocate For the Opposite Party : Mr. Md. Nazir Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioners and learned counsel for State.

The petitioners apprehend their arrest in connection with Raghopur P.S. Case No. 208 of 2016, registered for the offences punishable under Sections 406, 409, 420 of the Indian Penal Code.

Allegedly, the petitioners received the amount under Indira Awash Scheme and misappropriated the same. Submission is of false implication and that the petitioners are ready to refund the amount of Indira Awash Scheme, they are rustic villagers and illiterate lady. The petitioners are made scape-goat of misdeed of the middle man and the

Patna High Court Cr.Misc. No.1072 of 2017 (2) dt.16-01-2017 2/2 Panchayat Secretary. However, they are ready to refund the alleged amount.

The learned A.P.P. submits that if the petitioners are ready to refund the amount then lenient view can be taken. In the facts and circumstances as stated above, if the petitioners will refund the amount of Indira Awash Scheme which were received, within four months in equal installments, till then they are directed to be released on provisional bail after their surrender on execution of bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur (Supaul), in connection with Raghopur P.S. Case No. 208 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C., and after refund of the full amount, their provisional bail shall be confirmed by the learned Court below itself, failing which the bail bonds of the petitioners shall be cancelled. (Jitendra Mohan Sharma, J.) Rajiv/- U T