Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64450 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- RAIYAM District- Darbhanga ====================================================== REKHA DEVI Wife of Sri Upendra Paswan Resident of Village - Kamaldah, P.S.- Raiyam, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr. Pravin Kumar, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Parmeshwar Mehta, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Raiyam PS Case No. 40/2020 registered for the offence punishable under Sections 406, 409, 420/34 of the IPC. The allegation against the petitioner in a nutshell is that the petitioner is a Ward Member of Ward No.8 of Gram Panchayat and she is also Chairman of Ward Management Committee who along with Ward Secretary misappropriated the amount allotted towards the implementation of the Government scheme called Nal Jal Yojna under which a sum out of Rs. 16 Lacs allotted to the said ward Rs. 15,75000/- was withdrawn by
Patna High Court CR. MISC. No.64450 of 2021(2) dt.11-02-2022 2/3 the petitioner but the installation of pipeline and other works regarding Nal Jal Yojna was not completed.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she was continuously implementing the scheme of the Government under Nal Jal Yojna and during the pendency of the bail application of the petitioner before the learned Sessions Judge, a report was called for from the concerned Block Development Officer regarding completion of the work in the ward of petitioner and in pursuance thereof, a report has been submitted by BDO, Kewati vide Letter No. 1018 dated 05.07.2021 along with a letter of Block Panchayat Officer, Kewati dated 05.07.2021 annexed at Annexure-2 to this application and from perusal of the same, it appears that the defects in the implementation of Nal Jal Yojna Scheme have been removed and water supply throughthe Nal Jal connection has started for the residents of Ward No.8.
Learned counsel next submits that petitioner being a lady is in custody since 10.06.2021, charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration Annexure-2 to this
Patna High Court CR. MISC. No.64450 of 2021(2) dt.11-02-2022 3/3 application which is a report of BDO, Kewati as well as that of Block Panchayati Raj Officer, Kewati confirming the completion of work regarding Nal Jal Scheme, petitioner being a lady is in custody since 10.06.2021, charge-sheet has been submitted in the matter , I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, REKHA DEVI be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Darbhanga in connection with Raiyam PS Case No. 40/2020.
(Anil Kumar Sinha, J) perwez U T