Smt. Bima Devi @ Bima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38593 of 2016 Arising Out of PS.Case No. -112 Year- 2016 Thana -AKBARPUR District- NAWADA ====================================================== Smt. Bima Devi @ Bima Devi, Wife of Suresh Prasad, Resident of VillageMalikpur Nemdarganj, P.S. Akabarpur. District- Nawada. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 467, 468, 419 and 420 of the Indian Penal Code registered in connection with Akbarpur P.S. Case No. 112 of 2016.
3. It is submitted that the petitioner being the Mukhiya of Gram Panchayat Malikpur Nemdarganj has been falsely implicated on mere suspicion as evident from the letter of the District Magistrate to the effect that the petitioner had failed to respond to the show cause notice which indicated guilt. It is stated however, that no such show cause was ever received by the petitioner. Moreover, the enquiry report itself discloses that part of the 'pyne' was filled up by the owner of the field and it is therefore, submitted that the measurement of the work done itself became unverifiable. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.38593 of 2016 (2) dt.20-09-2016 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 112 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv)That the petitioner will be well represented in Court on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned. (Vikash Jain, J) Chandran/BT U T