Sharda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64035 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== SHARDA DEVI, wife of Vijay Paswan, the then Mukhiya Gram Panchayat Lodipur, resident of Village- Dewle, P.S. and Dist- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-12-2023 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 596 of 2022 registered for the offences punishable under Sections 419, 420, 409 of the Indian Penal Code.
3. The allegation against the petitioner is that she being Mukhiya of the concerned Panchayat, in collusion with the Panchayat Secretary and other persons have not carried out the Government schemes and embezzled public money, apart from several irregularities found in the work.
4. It is submitted on behalf of the petitioner that in fact after institution of the present F.I.R., entire works have been
Patna High Court CR. MISC. No.64035 of 2023(3) dt.20-12-2023 2/3 completed, as per the scheme and in support of completion of the work, measurement book has also been filled up by the engineer concerned. He next submitted that due to outbreak of the Covid Pandemic, the works were withheld and when the situation became normal, the entire fund of the Government has been utilized and the works have been completed. Moreover, other co-accused persons, including the Panchayat Secretary, have been allowed the privilege of anticipatory bail in Cr. Misc. No. 36090 of 2023 along with Cr. Misc. No. 36913 of 2023 vide order dated 29.08.2023, the copy of which has been produced before this Court and the same is taken on record. He lastly submits that the petitioner is a lady, having fair antecedent, and undertakes that she will fully cooperate in the investigation or in the court proceedings.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that measurement book suggests that the works, in question, have already been completed, coupled with the fact that other co-accused persons, having similar allegation, have been allowed the privilege of anticipatory bail, let the petitioner, named above, in the event of
Patna High Court CR. MISC. No.64035 of 2023(3) dt.20-12-2023 3/3 her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 596 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T