Paro Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40728 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -DHURAIYA District- BANKA ====================================================== Paro Devi Wife of Late Shyam Sunder Das Resident of Village - Ahiro, P.S. Dhoraiya, District - Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioner apprehends her arrest in Dhoraiya P.S. Case No. 62/2015, registered for the offences punishable under Section 409, 420 and 34 of the Indian Penal Code. The petitioner is the Chairman of Ahiro PACS. The sanctioned amount of Ahiro PACS was Rs. 26,20,000/- for purchasing paddy.

She withdrew Rs. 10,97,310/-, but did not purchase paddy nor deposited the aforesaid amount. Till 19.03.2015, the interest on the aforesaid amount comes to Rs. 75,896. The total amount comes to Rs. 11,73,206.

The petitioner deposited Rs. 8,36,259 in the account and still Rs. 3,36,947 is lying due against her.

It is submitted that the petitioner is an old, infirm lady and she already handed over charge to the manager of the PACS. She is ready to deposit half of the aforesaid amount i.e., Rs. 3,36,947 within four months. The manager is alleged to have

Patna High Court Cr.Misc. No.40728 of 2015 (2) dt.05-10-2015 2/2 defalcated government money along with the petitioner. Considering the facts that the petitioner is old and infirm lady and she is ready to deposit half of the amount of Rs. 3,36,947 within four months, the petitioner, in the event of her 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 the learned Judicial Magistrate Ist Class, Banka in connection with Dhoraiya P.S. Case No. 62/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. If the petitioner fails to deposit the half of the aforesaid amount within four months the ld. Court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) Vinita/- U T