Smt. Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67036 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Smt. Chandrakala Devi Wife Of Mohan Yadav Resident Of Village - Bahera, Ps- Kusheshwar Ashta, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Abdus Shakoor For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard Mr. Dr. Abdus Shakoor, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. Earlier the anticipatory bail application of the petitioner was dismissed for default by this Court vide order dated 20.07.2023 passed in Cr. Misc. No. 16316 of 2023, thereafter, a fresh anticipatory bail application is being filed.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409, 406 and 420 of the Indian Penal Code.

4. As per the prosecution case, allegation against the petitioner is of misappropriation, criminal breach of trust and cheating with the public money allotted under government schemes.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.67036 of 2023(3) dt.03-11-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has already deposited the said amount in question, this fact is also stated in para-5 of the counter affidavit filed by learned counsel for the State. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Considering the facts and circumstances of the case and the fact that the petitioner has already deposited the said amount, let the above named petitioner, be released on bail, in the event of his 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 Kusheshwar Asthan P.S. Case No. 244 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T