Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65673 of 2022 Arising Out of PS. Case No.-38 Year-2010 Thana- JANKINAGAR District- Purnia ====================================================== RAMBHA DEVI Wife of Rameshwar Das Resident of Village - Chandpur Bhangaha, P.S.- Janki Nagar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard the parties.

The petitioner apprehends her arrest in a case registered for the offence punishable under sections 406, 420 and 120B of the Indian Penal Code.

The allegation against the petitioner is that she is involved in committing irregularities and illegality for the appointment of Panchayat Teachers, Anganwari Sevika as well as allotment of Indira Awas to the beneficiaries of the Panchayat. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner was a former elected mukhiya

Patna High Court CR. MISC. No.65673 of 2022(2) dt.19-01-2023 2/3 of Chandpur Bhangaha Panchayat in Panchayat election 2006. the petitioner has been removed from the post of mukhiya vide order dated 14.12.2009 and the same was challenged and after considering all the facts Hon'ble Division Bench vide order dated 27.04.2010 in L.P.A. No.520 of 2010 quashed the removal order and directed to restore back the petitioner to her post of Mukhiya. No any teacher or any Anganbari Sevika has been removed from their respective post as yet, which clearly shows that no any irregularity was committed by the petitioner. No any allottee of Indira Awas has supported the irregularity of the petitioner in the allotment of Indira Awas. He further submits that I.O. after completing the investigation has submitted final form against the petitioner but the learned court below took cognizance against the petitioner for the offence u/s 406 and 420 of the IPC. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/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

Patna High Court CR. MISC. No.65673 of 2022(2) dt.19-01-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Janki Nagar P.S. Case No.38 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T