Sushilla Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37103 of 2016 Arising Out of PS.Case No. -115 Year- 2014 Thana -NARHAT District- NAWADA ====================================================== Sushilla Devi @ Sushila Devi Wife of Bhola Dabgar @ Bhola Das Resident of village - Olipur, P.S. Narhat, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Narhat Police Station Case No. 115 of 2014, disclosing offences under Sections 420 and 406/34 of the Indian Penal Code. From the First Information Report, it appears that the name of one Tara Devi had figured in the list of beneficiaries, under the Indira Awas Scheme. By playing fraud and impersonation, showing the said amount to have been withdrawn by Tara Devi, the amount has allegedly been misappropriated. Learned Counsel appearing on behalf of the petitioner has submitted that the main allegation is against coaccused Naresh Dabgar, who is named in the First Information Report. The petitioner is not named in the First Information

Patna High Court Cr.Misc. No.37103 of 2016 (2) dt.19-09-2016 2/2 Report. It has also been submitted that said Naresh Dabgar has been granted regular bail by the Court below. He has also submitted that the petitioner being a lady, there is no chance that she will flee in course of investigation.

Considering the facts and circumstances, particularly the fact that the petitioner is a lady, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, be released 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 Additional Chief Judicial Magistrate-III, Nawada, in connection with Narhat Police Station Case No. 115 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Amit/- U T