Abha Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.51852 of 2014 (7) dt.04-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51852 of 2014 Arising Out of PS.Case No. -185 Year- 2014 Thana -SIMRI District- BUXAR ====================================================== Dinesh Mehta @ Dinesh Mehata Son of Late Brinda Nand Prasad, Resident of Village - Banauli, P.S. - Narayanpur, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9963 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -SIMRI District- BUXAR ====================================================== Abha Devi W/o Awadhesh Kumar resident of village - Dumri, P.O. Simri, Distt. - Buxar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.51852 of 2014) For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Md. Sufiyan(App) (In Cr.Misc. No.9963 of 2015) For the Petitioner/s : Mr. Shailendra Kumar Choubey For the Opposite Party/s : Mr. Smt.Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners of both the aforesaid anticipatory bail applications apprehend their arrest in Simra Case No. 185 of 2014 registered for the offences punishable under Sections 420, 406 409 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation of purchasing solar light in violation of the direction

Patna High Court Cr.Misc. No.51852 of 2014 (7) dt.04-08-2015 issued by the Panchayat Raj Officer has resulted in the present FIR. It is further submitted that the decision for purchasing the said solar light was taken prior to the letter issued by the department and therefore, it cannot be said that the they have violated the direction issued by the Panchayat Raj Officer. It is further submitted that under such circumstances, other similarly situated accused persons in different Panchayat have been extended the privilege of anticipatory bail in connection with such allegation vide order dated 29.04.2015 passed in Cr. Misc. No. 46845 of 2014 and it analogous cases.

Considering the aforesaid submissions, let the petitioners namely, Dinesh Mehta in Cr. Misc. No. 51852 of 2014 and Abha Devi in Cr. Misc. No. 9963 of 2015, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Simiri Case No. 185 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T