Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48944 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- NALANDA District- Nalanda ====================================================== SANGITA KUMARI W/o Shri Nikhil Kumar R/o Village- Bahuata, P.S.- Salkhua, District- Saharsa, at present- Quarter No. -50, Type-3, Ordance Factory Rajgir, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. JP.Singh, Sr. Advocate Mr.Rakesh Kumar Mr. Shailendra Kr. Singh For the State :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nalanda P.S. Case No. 87 of 2019, disclosing offences under Sections 420, 188 and 409/34 of the Indian Penal Code.

The petitioner, at the relevant point of time, was posted as Junior Engineer, MANREGA, Silao. It is alleged that certain amounts, out of 14th Finance Commission Recommendation, were to be spent for construction of a village drainage. Allegedly, the petitioner, in connivance with the Mukhiya and Panchayat Sachiv, misappropriated a huge amount of

Patna High Court CR. MISC. No.48944 of 2019(2) dt.06-08-2019 2/3 Rs. 4,55,200.00, after executing only 10% of the work in question. It is alleged in the FIR that the Mukhiya of the Gram Panchayat is making attempt to get the work completed and despite the direction not to proceed, he is forcibly trying to get the same executed.

Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the petitioner is a government servant and the work, in question, as on date, is complete. He has also submitted that there is no chance of the petitioner fleeing away from the course of investigation of the trial, if allowed anticipatory bail. Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of her arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Nalanda in connection with Nalanda P.S. Case No. 87 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court CR. MISC. No.48944 of 2019(2) dt.06-08-2019 3/3 petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T