Manorama Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46090 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -BARARI District- KATIHAR ======================================================
1. Manorama Das W/o Kishore Kumar Das, R/o Village - Semapur, P.S. - Barari, District - Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal, Adv. For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner Manorama Das is apprehending her arrest in Barari P.S. Case No. 132/2015, registered for the offences punishable under Section 406, 409, 420 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner Manorama Das is ward member of Bareta Panchayat in Block Barari in the District of Katihar. The allegation against this petitioner is that as ward member she has defalcated Rs. 39,914/- in the period 2007-08 and 2008-09 under the scheme for construction of road under the MANREGA project. He further submits that as ward member the present
Patna High Court Cr.Misc. No.46090 of 2015 (2) dt.20-01-2016 2/2 petitioner can not have any role to play in either the defalcation of the amounts meant for the scheme or in the construction of road as her role is confined only to the recommendation as to where and how the schemes would be undertaken for development of the area in question.
Considering the nature of allegation made against the petitioner Manorama Das and that her role as ward member does not envisage any positive involvement in the construction project, let the petitioner above-named, 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 Sri Sunil Kumar II learned Judicial Magistrate Ist Class, Katihar in connection with Barari P.S. Case No. 132/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J.) Vinita/- U T