Sujata Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.29884 of 2014 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29884 of 2014 Arising Out of PS.Case No. -251 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Sujata Devi Wife of Latori Mandal R/o Nawagarhi (Chauram Road), P.S. Mufassil, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Electricity Board .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Nagendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioner and learned counsel representing the Bihar State Electricity Board. Petitioner apprehends her arrest in connection with Munger (Muffasil) P.S. Case No. 251 of 2013 registered for the offences punishable under Sections A/09, 13, 135, 138 of the Electricity Act.

On behalf of the petitioner it has been submitted that the petitioner is ready to deposit half of the loss amount and the rest amount in installments subject to the outcome of the litigation. It has also been submitted that the petitioner has falsely been implicated which is evident from the FIR itself as the petitioner got electric connection and month to month billing is being made but illegally this case has been lodged.

Patna High Court Cr.Misc. No.29884 of 2014 (2) dt.16-01-2015 Learned counsel representing the Bihar State Electricity Board submits that if the petitioner is ready to deposit the amount, then lenient view can be taken.

As submitted, the petitioner above named is directed to deposit the half of the loss amount i.e. of Rs. 1,05,448/- within a month and thereafter, she will deposit the rest half amount in five equal monthly installments before the Bihar Electricity Board and then after deposit of half of the total loss amount, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on provisional bail on execution of bail bonds of Rs. 10,000/- (tent thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Munger (Muffasil) P.S. Case No. 251 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. It is made clear that the provisional bail granted to the petitioner shall be confirmed by the court below itself on production of the receipts showing deposit of all the alleged loss amount i.e. Rs. 1,05,448/-.

(Jitendra Mohan Sharma, J) avin/- U T