Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68772 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- BHIMPUR District- Supaul ====================================================== Sunita Devi W/O Ramesh Kumar Mukhiya R/O Vill Jiwachhpur Ward No-10, P.S-Bhimpur, Distt-Supaul ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Shubhesh Pandey, Advocate For the Opposite Party :
Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the parties.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406/409/34 of the Indian Penal Code.
3. as per prosecution case, it is alleged that petitioner being Mukhia, of Gram Panchayat, Jeevachpur in connivance with the then Panchayat Secretary embezzled Rs.39,73,600/- of Government Schemes.
4. Learned counsel for the petitioner submits that due to Covid lock down, out of 11 schemes, execution of work remained incomplete with respect to only 5 schemes. When the petitioner re-started work, the newly elected Mukhiya and other anti social elements disturbed the work. However, petitioner is ready to deposit a part of the alleged defalcation amount in instalments, without prejudice to her case.
4. Considering the undertaking of the petitioner, let the petitioner, above named, in the event of surrender within a period of six weeks from today shall be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
Patna High Court CR. MISC. No.68772 of 2023(6) dt.14-05-2024 2/2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Bhimpur Police Station Case No. 110 of 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. as well as on the condition of deposit of total Rs.10 lacs in following terms:- (i) At the time of furnishing bail bond, Rs. 5 lacs shall be deposited by the petitioner in the Nazarat of the Court below. (ii) Another Rs. 5 lacs shall be deposited by her in four equal installments within twelve months. (iii) If the petitioner complies with these conditions, the court below shall confirm her bail.
5. It is made clear that, without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail and the amount so deposited would be subject to the result of the pending case.
(Prabhat Kumar Singh, J) Shashi U T