Hemanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50774 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

HEMANTI DEVI Wife of Ram Lakhan Ram Resident of Village- Khaira, P.S.- Barun, District- Aurangabad (Bihar).

2.

Sundar Paswan Son of Late Damdi Paswan Resident of Village- Khaira, P.S.- Barun, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Barun P.S.Case No.20 of 2019 dated 28.1.2019 registered for offences punishable under Sections 420 and 409 of the Indian Penal Code.

Prosecution story as per the written report lodged by the Block Development Officer against the petitioners who happen to be the President and the Secretary of the Ward Kriyanvayan avam Prabandhan Samiti, is that Rs.8,26,000/- was sanctioned under Nischaya Yojana but the work was found incomplete. Submission of the learned counsel for the petitioners is that they have already handed over the cheque of the aforesaid amount to the Contractor and the Annexure-2 also shows that the work has been completed up to the amount of Rs.7,72,700/- and rest of the amount they are ready to pay.

Patna High Court CR. MISC. No.50774 of 2019(2) dt.16-08-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners surrender before the learned court below on 26.8.2019 and on surrender they will be released on provisional bail till submission of the charge-sheet in connection with Barun P.S.Case No.20 of 2019 and in the meantime the petitioner shall produce all the papers to the Investigating Officer with regard to handing over the cheque to the Contractor as well as the fact that they have already completed the work to the tune of Rs.07 lac and odd as per Annexure-2 and further the I.O. will make himself satisfied with the papers produced by the petitioners, however, if he is not satisfied with the above papers and submits charge-sheet against the petitioners, finding some serious incriminating materials against them, the petitioners have to surrender and make prayer for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T