Smt. Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3739 of 2018 Arising Out of PS.Case No. -230 Year- 2012 Thana -BALIA District- BEGUSARAI ======================================================

1. Smt. Manju Devi W/o Late Mahesh Paswan, R/o Mukhiya, Gram Panchyat Raj, Bhagalpur (Bhagwatpur), R.S.- Balia, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Balia P.S.Case No.230 of 2012, registered for offences punishable under Sections 467, 468, 471, 420, 406, 409, 120(B) and 34 of the Indian Penal Code.

Allegation against the petitioner is of defalcation of money meant for the office expenses of the Aanganwari Centre and installation of Hand-pump.

Submission of the learned counsel for the petitioner is that the FIR itself shows that the work has been done from the amount allocated to the Panchayats and the petitioner has also did so on the basis of letters issued by the Chief executive Officer, Begusarai. Further submission is that on that ground other

Patna High Court Cr.Misc. No.3739 of 2018 (2) dt.02-02-2018 2/3 Mukhiyas have been granted bail, vide order dated 20.8.2016 passed in Cr. Misc. No.29165 of 2016 and the case of the petitioner is similar to that and the other co-accused persons. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Balia P.S.Case No.230 of 2012, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of her bail bond. (Vinod Kumar Sinha, J) chn/- U T

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