Kumari Vandana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55820 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Kumari Vandana, Wife of Devlal Choudhary, R/O Village- Chehariya, P.S.- Durgawati, District- Kaimur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Advocate Mr.Sanjay Prasad, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

As per the prosecution case, the petitioner being the Mukhiya of the Gram Panchayat in connivance with Panchayat Secretary and concerned Block Development Officer misappropriated government money in completion of

Patna High Court CR. MISC. No.55820 of 2022(3) dt.08-02-2023 2/3 several government schemes. After superannuation of the Panchayat Secretary, the government money has been withdrawn with the joint signature of the petitioner and the Panchayat Secretary.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. Learned counsel has further submitted that as per annexure-2, work of scheme no. 01/2019-20, 02/2019-20, 03/2019-20, 04/2019-20 has been completed. On physical verification of the said scheme, the said report has been submitted by the Block Development Officer, Durgawati vide letter no. 29 dated 03.02.2021. Learned counsel has further submitted that 5,50,000/- has already been deposited by the husband of the petitioner in the account of Gram Panchayat, Chehariya, Account Nos. 73401700087359 and 73401700081416. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her arrest/ surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.55820 of 2022(3) dt.08-02-2023 3/3 enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 205 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T