Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47273 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- NALANDA District- Nalanda ====================================================== Kiran Devi, W/o Sri Bipin Kumar, Resident of Village - Bajitpur, P.S.- Nalanda in the Dist.- of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Nalanda P.S. Case No. 87 of 2019, registered under Sections 420, 409 and 188/34 of the Indian Penal Code.
The accusation is that in the Panchayat Mahuri, the construction of drainage was to be done in between the house of Ramchandra Choudhary and Manoj Choudhary, for which, Rs.4,55,200/- was allocated in the year 2017 for constructing the work by Mukhiya Kiran Devi (petitioner), Panchayat Secretary Ramanand Singh and Junior Engineer Sangita Kumari but the work was not completed. As such, they misappropriated the aforesaid money, as allocated for construction of drainage. Learned counsel for the petitioner submits that after
Patna High Court CR. MISC. No.47273 of 2019(3) dt.30-09-2019 2/2 lodging the present case, inquiry was made by another Junior Engineer, Omkar Paswan and after measurement related to MANREGA Scheme, Junior Engineer, Omkar Paswan submitted a report that while earlier in measurement of work was shown as 450 feet for worth of Rs.3,90,000/- but at present, the work has been done in the length of 788 feet for worth of Rs.4,84,000/-, which would appear from 3 to the supplementary affidavit. It is further submitted that co-accused, Sangita Kumari, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 06.08.2019 passed in Criminal Misc. No. 48944 of 2019.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Nalanda P.S. Case No. 87 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T