Lilawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47453 of 2018 Arising Out of PS.Case No. -119 Year- 2018 Thana -GARKHA District- SARAN ====================================================== Lilawati Devi, Wife of Bachha Rai, Resident of Village- Janki Nagar, Hasanpura, P.S.- Garkha, District- Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends her arrest in connection with Garkha P.S.Case No. 119 of 2018 registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be Mukhiya of Hasanpura Panchayat, is of preparing list in which those who were not entitled for flood relief have been included. Submission of learned counsel for the petitioner is that the allegation against her is irregularity in preparing list and it is not a case of embezzlement and moreover one person has been granted conditional bail by this Court vide order dated 29.6.2018 passed in Cr.Misc.No. 38492 of 2018.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.47453 of 2018 (2) dt.14-08-2018 2/2 circumstances, as stated above, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and on her so surrendering she shall be released on provisional bail till the submission of charge sheet on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIX, Saran, Chapra, in connection with Garkha P.S.Case No. 119 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that she has to co-operate in investigation and produce all the papers before the I.O. However, once charge sheet has been submitted and case is found true against the petitioner, she should surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record at that time.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U