Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54843 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== POONAM DEVI W/O DINESH RAM R/O VILLAGE- KOTHIYA, P.SRAJEPUR, DISTT.- EAST CHAMPARAN, BIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Shandilya, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 409 and 420 of the Indian Penal Code.

3. It is alleged that on the recommendation made by this petitioner and other co-accused persons, the amount of flood relief had been distributed amongst the beneficiaries, who were not entitled because they are residents of another

Patna High Court CR. MISC. No.54843 of 2023(2) dt.28-08-2023 2/3 panchayat and in this way Rs. 3,36,000/- of Government money has been misappropriated and embezzled by this petitioner and other co-accused persons.

4. It is submitted that at the relevant time, the petitioner was Mukhiya of the Panchayat and list of the beneficiaries was prepared by block computer operator, on the basis of recommendation made by the various public representatives. It is further submitted that, at the time of disbursement of fund through RTGS, the then BDO asked the petitioner to put signature on the list and she did so but she was not named in beneficiary. Moreover, the petitioner has not received any Government money or has defalcated any alleged penny. Petitioner claims clean antecedents.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the Learned Chief Judicial Magistrate , Motihari in connection with Rajepur P.S. case no. 77 of 2023 , subject to the

Patna High Court CR. MISC. No.54843 of 2023(2) dt.28-08-2023 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure.

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