Lakho Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19620 of 2017 Arising Out of PS. Case No.-227 Year-2015 Thana- RANIGANJ District- Araria ====================================================== Lakho Devi Wife of Upendra Prasad Ray, Resident of Village- Gunwanti, P.S.- Bounsi, Basethi, District- Araria.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Branch Manager, The Purnia District Central Co-operative Bank, Purnia, Branch Raniganj, P.S.- Raniganj, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. This is the second attempt on behalf of the petitioner for grant of anticipatory bail in connection with Raniganj Police Station Case No. 227 of 2015, registered for the offences punishable under Sections 409/420/34 of the Indian Penal Code. Earlier, the petitioner's application for grant of anticipatory bail was rejected by order, dated 26.08.2016, passed in Criminal Misc. No. 19837 of 2016 , in which case, the present petitioner was petitioner no. 3.

Noticing the gravity of the offence and the fact that there was allegation of misappropriation of public money to the tune of Rs. 6,48,263/-, the said privilege of anticipatory bail was

Patna High Court Cr.Misc. No.19620 of 2017(4) dt.13-09-2017 2/2 declined.

Learned Counsel for the petitioner has submitted that the said amount, alleged to have been misappropriated by the petitioner, has been deposited in the concerned Co-operative Bank with up-to-date interest. It has further been submitted that petitioner is an old lady and there is no likelihood that she will flee from the course of investigation.

Since, once the petitioner's application for anticipatory bail was rejected, I do not find any cogent reason to entertain the present application.

However, in the facts and circumstances of the case and in view of the stand which has been taken on behalf of the petitioner, it is directed that if the petitioner surrenders before the learned Court below within a period of three weeks from today and seeks regular bail, her application shall be disposed of on the same day taking into account the fact that the petitioner has deposited the amount said to have been misappropriated by her along with up-to-date interest.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √