Sandhya Devi @ Sandhya Singh @ Sandhya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19247 of 2017 Arising Out of PS.Case No. -241 Year- 2016 Thana -ATRI District- GAYA ====================================================== Sandhya Devi @ Sandhya Singh @ Sandhya Kumari, W/o Ramdeo Singh @ Ravindra Singh @ Rabindra Kumar Singh, resident of Village- Bara, P.S.- Atri, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mrs. Meena Singh, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Allegation against the petitioner is that she is Mukhiya and a Scheme of Tree Plantation was executed under Panchayat Ghusari and thereafter on enquiry it was found that petitioner along with others have embezzled Government money. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that scheme is of the year 2012-13 and the case has been lodged in the year 2016. As such, there is delay of three years in lodging the case. Further, it is submitted that due to insufficiency of fund

Patna High Court Cr.Misc. No.19247 of 2017 (2) dt.09-05-2017 2/3 proper steps could not be taken to keep the planted trees alive. As such, liability cannot be imposed upon the petitioner. Heard learned A.P.P. also. He opposed the prayer for anticipatory bail.

Having heard both sides, in view of the facts and circumstances and as petitioner is lady, let above named petitioner may surrender in the court below, i.e., ACJM, Ist , Gaya, in connection with Atri P. S. Case no. 241 of 2016 and the court below will enlarge the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to its satisfaction, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make herself available before the police as and when required.

With the aforesaid observation this application is allowed.

(Vinod Kumar Sinha, J) sudip/-

Patna High Court Cr.Misc. No.19247 of 2017 (2) dt.09-05-2017 3/3 U T