Amrita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55234 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amrita Devi, W/o Sri Sachchidanand Prasad, R/o Village- Rampur, P.S.- Darpa, District- East Champaran, At present, Mukhiya, Gram Panchayat Raj, Rampur, Chhauradano Block, East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Darpa P.S. Case No. 35 of 2017 instituted for the offence under Sections 406, 409 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner of committing irregularities in implementation of MANREGA Scheme which was to be done in the village as mentioned in the written report. It has further been submitted that the instant case has been filed only on account of political rivalry as petitioner at present is Mukhiya of the Panchayt.

In the written report itself there is no mention about

Patna High Court Cr.Misc. No.55234 of 2017 (2) dt.21-11-2017 2/2 any amount which is said to be misappropriated by this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Darpa P.S. Case No. 35 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T