Rekha Devi v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33930 of 2015 Arising Out of PS.Case No. -76 Year- 2013 Thana -VIGILANCE CASE District- PATNA =================================================== Rekha Devi Wife of Chandeshwar Sah resident of Gram Andharwara, P.S. Raja Pakar, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Kalayan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-08-2015 Heard learned counsels for the petitioner and the Vigilance.

The petitioner being the then Panchayat Mukhiya is apprehending her arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471, 477A, 120B of the Indian Penal Code and Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act. The prosecution case is that the Panchayat Mukhiya and the Panchayat Secretary purchased the solar lights between 2009-2010 on a higher price than prescribed one and from unauthorized dealer causing loss of Rs.3,53,392/-. It is submitted by learned counsel for the petitioner that the solar lights were purchased on the recommendation of the Aam Sabha of the Panchayat and for the

Patna High Court Cr.Misc. No.33930 of 2015 (2) dt.13-08-2015 2/2 purchase made in 2009-2010 the FIR has been registered in 2013. Moreover, co-accused Ram Shankar Prasad and Raghunath Bhagat have been granted anticipatory bail vide Cr. Misc. No. 41673 of 2014.

Considering the delayed lodging of the case and other similarly situated have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Special Case No. 45 of 2013 arising out of Vigilance P.S. Case No. 76 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, if she defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T