Shailendra Kumar Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.34485 of 2015 (5) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34485 of 2015 Arising Out of PS.Case No. -56 Year- 2013 Thana -MARAUNA District- SUPAUL ====================================================== Shailendra Kumar Thakur son of Late Murli Thakur, resident of villagePathrahi Tola, Jhanjharpur (R.S.),P.O.- Jhanjharpur (R.S.), P.S.- Jhanjharpur (R.S.) Shivir, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binodanand Mishra, Adv. For the Opposite Party/s : Ms. Smt. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.

The petitioner apprehends his arrest in Marouna P.S. Case No. 56/2013, registered for the offences punishable under Sections 409, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

Three-four allegations are made against the petitioner, but the main allegation against the petitioner is double entry of beneficiaries of Indira Awas.

It is submitted that from perusal of page 109 of the register from serial no. 57 to 69, it appears that names of Indira Awas beneficiaries are written and they were issued cheques through Account no. 3666. It is further submitted that the same names also appeared at page 116 from serial no. 1 to 13 and in the

Patna High Court Cr.Misc. No.34485 of 2015 (5) dt.07-12-2015 same account. The name was transferred vide the same cheque no. and the same account. Due to fault the names of the beneficiaries of Indira Awas have wrongly been typed at two places, but in fact no misappropriation is made. Other allegations are of dereliction of duty, but nothing has been found.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Marouna P.S. Case No. 56/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let two registers be sent down forthwith.

(Prabhat Kumar Jha, J.) Rakhi U T