Prabhawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68411 of 2021 Arising Out of PS. Case No.-52 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== 1.
PRABHAWATI DEVI Wife of Babu Lal Ram Resident of Village - Khusdihra, P.S.- Khirimore in the district of Patna. 2.
Vikash Kumar Son of Bhagwan Chaudhary Resident of Village - Khusdihra, P.S.- Khirimore in the district of Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 A supplementary affidavit has been filed on behalf of the petitioners, which is kept on record.
Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409, 406 and 420 of the Indian Penal Code.
The crux of the case is that the Gram Panchayat of Jamharu (Ward No.5) had been authorized for execution of scheme providing Tap Water to each house of the villagers but it failed in spite of sanctioning amount in advance rather transferred the work to private firm. Petitioners are Ward Member and Sacheo of Ward No.5 respectively.
Patna High Court CR. MISC. No.68411 of 2021(3) dt.26-07-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that work of scheme of Part-1 and Part-II of Ward No.5 of village- Kosdihra in Jamharu Gram Panchayat has already been completed and the fresh drinking water is being provided in each and every house in Ward No.5 of villageKosdihra, which is apparent from the measurement book kept as Annexure-2 to the supplementary affidavit.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, J.M. Ist Class, Danapur, Patna in connection with Khirimore P.S.Case No.52 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T