Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64213 of 2024 Arising Out of PS. Case No.-373 Year-2023 Thana- KORHA District- Katihar ====================================================== Priti Kumari wife of Ajay Kumar Village- Falka, Ps- Falka, Dist- katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 419, 420, 406, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that under Pradhan Mantri Rural Awas Yojna, the FIR named accused persons including the petitioner transferred Rs. 80,000/- in the account of co-accused Gulshana Khatoon in place of original beneficiary Tanjeela Khatoon. Later on matter was inquired by the BDO Korha on direction of DDC Katihar and a case was registered against Raju Kumar, Gulshana Khatoon and Priti Kumari for misappropriation of government money.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.64213 of 2024(2) dt.01-10-2024 2/3 that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner had no intention to misappropriate the government money, but the real fact is that due to human error, the aforesaid amount had been transferred in the account of co-accused Gulsana Khatoon in place of original beneficiary Tanjila Khatoon. It is further submitted that after enquiry, the matter has been settled and beneficiary Tanjila Khatoon has received the aforesaid amount back from co-accused Gulshana Khatoon, which is also evident from an application filed by the Tanjila Khatoon before the Block Development Officer and the same is enclosed in the bail application at page 46. It is further submitted that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the matter has been settled between the parties and beneficiary Tanjila Khatoon has received the aforesaid amount from co-accused Gulshana Khatoon, let the above named

Patna High Court CR. MISC. No.64213 of 2024(2) dt.01-10-2024 3/3 petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Korha P.S. Case No. 373 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T