Nasima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47875 of 2023 Arising Out of PS. Case No.-101 Year-2020 Thana- HAYAGHAT District- Darbhanga ====================================================== NASIMA KHATOON S/o- SABIR SAH village- Naya Tola Hayaghat PsHayaghat Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Prasad , Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 406, 409, 120(B0 and 34 of the Indian Penal Code.
3. Allegation against this petitioner is that he along with other co-accused persons defalcated and embezzled the public money of Rs. 18,74800/- of "Nal Jal Yojana" .
4. It is submitted on behalf of the petitioner that, at the relevant time, the petitioner was the chairman of the ward in question and has not committed any offense as alleged in the prosecution. He next submits that the work in question has already been completed, and in this regard, the Junior Engineer of the Hayaghat Block has submitted the measurement book,
Patna High Court CR. MISC. No.47875 of 2023(3) dt.13-12-2023 2/2 which is Annexure 3 of the bail petition, which shows that the work has been completed for Rs. 18,60,185, and the remaining amount of Rs. 14,000/- has been deposited in the Panchayat Account, and the petitioner has no role in the present occurrence. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J . M. - 1st Class, Darbhanga in connection with Hayaghat P.S. case No. 101 of 2020 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T