Tarannum @ Trannum Khanam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50915 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- JAMALPUR District- Darbhanga ====================================================== Tarannum @ Trannum Khanam Wife of Md. Taukuir Ahmad R/o villageBauram, P.S.-jamalpur (Bargaon O.P.), Distt.- Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shahnawaz Ali, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Jamalpur (Bargaon O.P.) P.S. Case No. 04 of 2023 dated 08.01.2023 instituted for the offence punishable under Sections 406, 409, 420, 467, 468/34 of the Indian Penal Code.

3. The allegation against the petitioner and other accused persons is that they deleted the name of beneficiaries from the list provided and in that place, added the name of other persons and allocated them the amount fraudulently from flood relief fund.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is the member of the Flood Monitoring Committee. Learned

Patna High Court CR. MISC. No.50915 of 2023(2) dt.19-08-2023 2/3 counsel for the petitioner submits that the petitioner is 63 years advanced age lady. Learned counsel for the petitioner submits that the petitioner has no role in disbursing the amount in favour of the beneficiaries. It is submitted that from bare perusal of the F.I.R., it is evident that no irregularity was committed by the petitioner and no defalcation and misappropriation of government fund is attributed against the petitioner. So the steps for recovery of the amount can be taken by the government official for which the petitioner has no role to play. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, MD. Motiur Rahman @ Motiur Rahman has been granted anticipatory bail vide order dated 26.07.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 29914 of 2023. Lastly, it has been submitted that petitioner has no criminal case against her.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jamalpur (Baragaon O.P.) P.S. Case No. 4 of 2023, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.50915 of 2023(2) dt.19-08-2023 3/3 J.M.F.C. Darbhanga, District- Darbhanga, Bihar subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U