Veena Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21991 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Veena Devi W/o Yogendra Kumar resident of village - Manguraha Tajpur, Police Station - Baruraj, District - Muzaffarpur

2. Prabhawati Devi D/o Braj Kishor Singh resident of village - Manguraha Tajpur, Police Station - Baruraj, District - Muzaffarpur .... .... Petitioners

Versus

1. The State of Bihar

2. The Muzaffarpur Central Co - Operative Bank Ltd., Muzaffarpur through its Managing Director

3. The Bihar State Food and Civil Supply Corporation Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bindhyachal Rai, Advocate For the Opposite Party/s : Mr. Ganesh Pd.Singh (APP) For the O.P. No. 3 : Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

24-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in relation to Baruraj P.S. Case No. 151 of 2015 registered under Sections 409, 420, 34 of the Indian Penal Code. The allegation, as made by the Branch Manager, Central Cooperative Bank Limited, Muzaffarpur, in the First Information Report, inter alia, alleging that the petitioners, who were the Chairman and Executive Member of the Primary Agriculture Cooperative Society, Manguraha Tazpur, had received

Patna High Court Cr.Misc. No.21991 of 2016 (2) dt.24-05-2016 2 / 3 paddy from agriculturist. Payment whereof was made by the Bank after milling rice. Allegedly, they did not deliver the same to the Bihar State Food and Civil Supplies Corporation. The result of which is that the Bihar State Food and Civil Supplies Corporation did not reimburse the Central Bank with payment of paddy which they had made.

Learned counsel for the petitioners draws attention of this Court towards the statement of auditors which clearly says that the rice as manufactured from the paddy procured by the funds given by the Central bank had been delivered to the Bihar State Food and Civil Supplies Corporation and it was the Corporation which defaulted in paying the Central Cooperative Bank for which petitioners are being uselessly procured. Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the petitioners, namely, Veena Devi and Prabhawati Devi, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri A.K. Tiwari, Judicial Magistrate, 1st Class, Muzaffarpur, in connection

Patna High Court Cr.Misc. No.21991 of 2016 (2) dt.24-05-2016 3 / 3 with Baruraj P.S. Case No. 151 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T