Rukmini Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.10963 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10963 of 2017 Arising Out of PS.Case No. -342 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Rukmini Devi, W/o Kanhay Sao, R/o Village- Aima, P.S.- Khizersarai, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kamlesh Kumar Singh, son of Dashrath Singh, reside at house no. 160 M.P. Colony, P.S.- Rampur, District- Gaya, posted as Assessing Officer, Indian Power Corporation (Bodh Gaya) Limited, Franchisee of South Bihar Power Distribution Company Limited.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Counter affidavit has been filed on behalf of the informant. Let it be kept on record.

Petitioner apprehends her arrest in connection with Khijarsarai P.S. Case No. 342 of 2015 registered for the offence punishable under Section 135 of Indian Electricity Act. At the very outset, on behalf of the petitioner it is submitted that the petitioner is ready to deposit the loss amount Rs. 13488/- in three equal monthly installments to which learned counsel for the informant has got no objection. In the facts and circumstances stated above, the petitioner is directed to surrender before the court below within six

Patna High Court Cr.Misc. No.10963 of 2017 (2) dt.16-03-2017 weeks from the date of receipt/production of a copy of this order with a receipt showing deposit of Rs. 4496/- in the account of the Electricity Department by way of first installment and on her so surrendering she shall be released on provisional bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Magadh Area, Gaya in connection with Khizarsarai P.S. Case No. 342 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further with condition that the petitioner will deposit rest loss amount in two monthly equal installments and after deposit of total loss amount of Rs. 13,488/- provisional bail granted to the petitioner shall be confirmed by the court below itself and, in case of failure the provisional bail granted to the petitioner shall be deemed to be cancelled.

(Jitendra Mohan Sharma, J) avin/- U T