Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61967 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- SARMERA District- Nalanda ====================================================== Sunita Devi Wife of Pramod Manjhi Resident - Ward No.- 2, Sarmera Panchayat, P.S.- Sarmera, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankit Katriar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sarmera P.S. Case No. 57 of 2020, registered for the offence under Section 406, 420 of the Indian Penal Code.

As per the prosecution case, a sum of Rs. 8,00,000/- was transferred to ward no. 2 under the nal-jal and gali-nali plan, but upon measurement, it was found that the work was done upto Rs. 7,70,041/-, and thus, leading to a difference of Rs. 29,959/-, which is alleged to have been misappropriated. Petitioner was the Chairman of Ward no. 2.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. The work was done under the supervision and guidance of Junior Engineer and the measurement was made by him after completion of the work in the measurement book and as such, Junior Engineer is liable for

Patna High Court CR. MISC. No.61967 of 2021(2) dt.15-02-2022 2/2 any discrepancy. Petitioner is a lady and she was nowhere involved for the execution of work, however; she is ready to deposit Rs. 29,959/- in the court below. Petitioner is in custody since 29.05.2021.

Learned A.P.P. for the State has opposed the bail petition.

Under the aforesaid facts and circumstances, the above named petitioner is directed to be released on provisional bail for a period of two weeks on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Sarmera P.S. Case No. 57 of 2020. The learned court below shall confirm the provisional bail of petitioner only after ascertaining the fact that the amount alleged i.e. Rs. 29,959/- (twenty nine thousand nine hundred fifty nine ) is deposited in the court below. If she fails to deposit the amount, the learned court below shall cancel the provisional bail of the petitioner.

(Prabhat Kumar Singh, J) anay/- U T