Samim Sai @ Shamim Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3959 of 2021 Arising Out of PS. Case No.-1 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.
SAMIM SAI @ SHAMIM SAI, Son of Piyare Husain Sai Resident of Village- Kharuhi, Bara, Farid, P.S.- Kundwa, Chainpur, Distt- East Champaran, Motihari.
2.
Nazma Khatoon @ Nazma, W/o Samim Sai @ Shamim Sai Resident of Village- Kharuhi Bara, Farid, P.S.- Kundwa, Chainpur, Distt- East Champaran, Motihari.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-08-2021 Heard Mr. Sharda Nand Mishra, learned advocate for the petitioners and Ms. Asha Devi, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Kundwa Chainpur P. S. Case No. 01 of 2020, dated 02.01.2020, instituted for the offences under Sections 323, 504, 409, 420, 354 and 354 (B) of the Indian Penal Code.
The F.I.R. has been lodged by one of the Panches of the ward of which the petitioner no. 2 is the
2/4 President. The petitioner no. 1 is the husband of petitioner no. 2.
The accusation in the F.I.R. is that the amount earmarked for Mukhya Mantri Gramin Nal Jal Yojana has been unauthorizedly and fraudulently withdrawn. This information was provided to the informant by the Secretary of the project. When the petitioner no. 2 was confronted with this fact, she along with her husband (petitioner no. 1) misbehaved with the informant. Mr. Mishra, learned advocate for the petitioners has submitted that the money of the project was withdrawn by the joint signature of petitioner no. 2 and the Ward Secretary. Such works are executed under the direct supervision of the concerned Block Development Officer. There has been no complaint whatsoever with respect to execution of work.
It appears, it has been argued, that the informant has some dispute with petitioner no. 2, but the present F.I.R. has been lodged showing that there
3/4 has been defalcation of government money.
The source of information to the informant regarding the aforesaid embezzlement is also not clear; rather it is very very uncertain.
A somewhat old story has been narrated in the F.I.R. that the informant was made to sign a blank piece of paper for some other purpose which was converted into a document which gave benefit to petitioner no. 2. The petitioner no. 1 has only been made accused in this case because of his relationship with petitioner no. 2.
For the facts afore-stated, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka,
4/4 East Champaran, in connection with Kundwa Chainpur P. S. Case No. 01 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T