Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53329 of 2022 Arising Out of PS. Case No.-315 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== CHANDA DEVI Wife of Ramchandra Sharma Resident of village - Durgaulia, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhitabh Kumar, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

The petitioner apprehends her arrest in connection with Sikarpur P.S. Case No. 315 of 2020 for the offence registered under Sections 406 and 409/34 of the Indian Penal Code.

As per the FIR, the 'Panchayat Secretary' alleged that worth Rs. 18,04,000/- was allotted under 'Nal Jal Yojna & Gali Nali Yojana' to the petitioner and one Madhu Kumar, Ward Sescretary but the work was not executed despite repeated request. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that at that

Patna High Court CR. MISC. No.53329 of 2022(2) dt.13-01-2023 2/2 time due to 'COVID' period, the work could not be completed but later on, the same has come to an end. He further submits that similarly placed co-accused, Madhu Kumar has since been granted the relief vide an order dated 14.12.2021 passed in Cr. Misc. No. 39891 of 2021 (Annexure-3).

Taking into account the fact that the petitioner is a lady, she do not have criminal antecedent, she will be cooperating with the investigation and will have to face the trial, one of the similarly placed co-accused has since been released on bail, this Court is inclined to grant her relief. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 315 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T