Babita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.6984 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6984 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Babita Devi W/o Deep Narain Prasad resident of Village - Dhansoin, P.S. Dhansoin, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s Mr. R.P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Dhansoin P. S. case no. 116/2014 registered under sections 409 and 420/34 of the IPC.

Admittedly, petitioner was Mukhiya of Dhansoin Grampanchayat and during her tenure purchase of solar light was made.

The accusation against the petitioner is that she as well as other accused violated the direction of the State Government in purchasing the above stated solar light but contention on behalf of the petitioner is that purchase in question was made in the year 2007 as well as 2009 and at that time Panchayat was at liberty to select the firm for making purchase and moreover, purchase was made from Tata B.P. company and the aforesaid firm was authorized and

Patna High Court Cr.Misc. No.6984 of 2015 (2) dt.23-02-2015 recognized by the State Government.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that Panchayat secretary, namely, Lalan Ram has already been admitted to bail by a coordinate bench of this court vide order dated 16.02.2015 passed in Cr. Misc. no.6263/2015, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Dhansoin P. S. case no. 116/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T