Patna High CourtCR. MISC./49476/2015rejected

Sunita Devi v. The State Of Bihar

2015-11-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49476 of 2015 Arising Out of PS.Case No. -1 Year- 2014 Thana -KURTHA District- JEHANABAD ====================================================== Sunita Devi, W/o Mahavir Das, Resident of Village- Harpurn P.S.- Kurtha Dist -Arwal.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kurtha P.S. Case No. 1 of 2014 registered under Sections 420, 409 and 120-B of the Indian Penal Code.

In the FIR, it is alleged that one Krishna Das, Vikash Mitra of village Harpur, the petitioner, a ward member of ward no. 4 and the Panchayat Sewak Umesh Kumar Yadav under a conspiracy withdrew first and second installment of Indira Awas on 21.02.2012 and 22.02.2013 respectively from Punjab National Bank in the name of one Kavita Devi.

Patna High Court Cr.Misc. No.49476 of 2015 (2) dt.03-11-2015 2 / 2 It is contended that the petitioner is an illiterate lady and her thumb impression was obtained by co-accused Krishna Das without disclosing the fact that the paper is to be used for withdrawing amount under the Indira Awas Scheme. On the other hand, learned counsel for the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. He has contended that it was the petitioner who personated one Kavita Devi and withdrew the amount. Regard being had to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application is rejected. In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Sanjeet/- U T