Chameli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47393 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== CHAMELI DEVI S/o Narayan Mukhiya Resident of Mohalla- Laranch Ghat, P.s.- Kusheshwarsthan, District- Daubhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Kusheshwarasthan P.S. Case No.139 of 2022, registered for the offences punishable under Sections 409, 406, 420 and 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner and Ex-Secretary, namely, Ram Chandra Mukhiya of Ward No.1 of Ward Kriyanvayan and Prabandhan Samiti have withdrawn excess sum of Rs.4,35,045/- (rupees four lakhs thirty five thousand and forty five) meant for development of Nal-Jal Yojna without doing any work.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.47393 of 2022(2) dt.06-12-2022 2/2 stated in paragraph-3 of the bail application. It is further submitted that the petitioner is the Chairman of Ward Kriyanvayan and Prabandhan Samiti. It is further submitted that co-accused, Ram Chandra Mukhiya has deposited an amount of Rs.2,17,530/- in the account of Uttar Bihar Gramin Bank. The petitioner has also deposited a sum of Rs.1,00,000/- in the account of Uttar Bihar Gramin Bank on 06.09.2022. It is also submitted that the specific allegation is against co-accused, Ram Chandra Mukhiya. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Kusheshwarasthan P.S. Case No.139 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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