Hadeni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54477 of 2023 Arising Out of PS. Case No.-218 Year-2020 Thana- PIPRA District- Supaul ====================================================== Hadeni Devi W/O Surendra Kamat Resident Of Village- Basuli, P.S.- Pipra, Tola- Navtol, Block- Pipra , Panchayat- Dubiyahi, Ward No 7, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Purnendu Keshav For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 409, 420, 120(B) of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons have committed irregularities in the construction of lane drainage under Gali Nali Pakkikaran Yojna in the concerned ward and defalcated the government money.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.54477 of 2023(2) dt.13-09-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that nowhere in the enquiry report any specific role has been assigned to the petitioner in the commission of the offence and the name of the petitioner has simply been added because she is ward member of the ward in question. It is further submitted that co-accused Lalit Sardar has already deposited the money of defalcation and to this effect, the Block Development Officer, Pipra has submitted a report vide Letter No. 1917 dated 25.11.2020. Moreover, Mukhiya of the Gram Panchayat has already been granted bail by a coordinate Bench of this Court vide order dated 17.08.2021 passed in Cr. Misc. No. 30324 of 2021. The petitioner is languishing in custody since 12.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of

Patna High Court CR. MISC. No.54477 of 2023(2) dt.13-09-2023 3/3 the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 218 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T