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Patna High CourtCR. MISC./8799/2021allowed

Chinta Devi v. The State Of Bihar

2022-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8799 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Chinta Devi Wife Of Naresh Das @ Naresh Das Resident Of VillageBakhariya, Ward No.-10, P.S.-Majhaulia, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anil Kr. Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehending her arrest in a case registered for the offence punishable under Sections 409/34 of the Indian Penal Code.

As per FIR, several illegalities/irregularities have been committed in the execution of Chief Minister Rural Drinking Water Scheme in the word No. 10 of Gram Panchayat Raj, Bakhariya. It has been stated that out of sanctioned amount of Rs. 14,20,400/-, Rs. 13 lakhs were withdrawn, but the work has not been completed and temporarily, the public money has been embezzlled. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that as per measurement book, total amount of Rs. 11,32,320/- were spent, and most of the work has been completed. It is further submitted that at present Rs. 2,67,680/- is still lying with

Patna High Court CR. MISC. No.8799 of 2021(8) dt.29-08-2022 2/2 the petitioner and he is ready to deposit the same in the account of the District Magistrate, West Champaran.

Considering the facts and circumstances of the case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, be enlarged on bail 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 learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 70 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

The learned court below shall accept the bail bond of the petitioner after verifying the fact that the petitioner had deposited the said amount i.e. Rs. 2,67,680/- in the account of District Magistrate, West Champaran.

(Anjani Kumar Sharan, J) devendra/- U T