Shobha Devi And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.5643 of 2016 (2) dt.28-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5643 of 2016 Arising Out of PS.Case No. -4 Year- 2009 Thana -BHIMPUR District- SUPAUL ======================================================
1. Shobha Devi Wife of Shibeshwar Suman Resident of Jibachhpur, P.s Bhimpur, District Supaul, former,Mukhia, of Jibachhpur, Gram Panchayat , ps. Bhimpur, Prakhand, Chhatapur, District Supaul.
2. Raj kumari Devi Wife of Ganga Mandal Resident of VillageSaraswatipur, Jibachhpur, P.s Bhimpur, District Supaul, former Ward member, Jibachhpur, gram panchayat , ps. Bhimpur, Prakhand Chhatapur, District Supaul.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Chandra Bhushan Das, Advocate For the Opposite Party : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Bhimpur P.S. Case No. 04 of 2009/G.R.No.257 of 2009 for the offences instituted under Sections 467, 468, 471, 409, 420 and 120(B) of the Indian Penal Code.
As per prosecution case the informant Md. Mosim has given information to the SHO Bhimpur by mentioning therein that Md. Mosim is the affected person of flood calamity but the beneficiary who were to be given the relief has not been given by the authority concerned who were authorized to distribute the
Patna High Court Cr.Misc. No.5643 of 2016 (2) dt.28-03-2016 relief material to the beneficiary and the relief material has been kept by those miscreants for their own purpose with ill motive. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have been made accused due to mistake of fact. In course of investigation, the police has submitted a final form against the petitioners which is Annexure-3 to the present application. The other co-accused has been granted anticipatory bail by this Court vide Cr.Misc.No.51381 of 2014.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhimpur P.S. Case No. 4 of 2009/G.R.No.257 of 2009 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Kumar Krishnadeo, Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T