Munni Devi @ Shabnam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65131 of 2022 Arising Out of PS. Case No.-398 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Munni Devi @ Shabnam Kumari Wife of Rati Paswan @ Ravi Paswan R/vShobhan Rai Tola, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehend her arrest in connection with Gogari P.S. Case No. 398 of 2019, G.R. No. 3423 of 2019, registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code (in short 'I.P.C.').
The allegation against this petitioner is to misappropriate the amount received under 'Indira Awas Yojana.' Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.65131 of 2022(4) dt.24-04-2023 2/3 submitted that entire allegation is false, and just to save himself, informant lodged present false case against this petitioner in the year 2019, for the occurrence alleged to be happened in year 2015-16. It is pointed out that petitioner is an unmarried girl and her brother name was shown as her husband, namely, Rati Paswan and she never received any such benefit, as alleged. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.
Learned APP for the State opposes the prayer of bail and submitted that the name of petitioner appears on serial no. 12 of the enquiry report suggesting that she received an amount of Rs. 60,000/- (Rupees Sixty Thousand) but admitted that transactions made manually, not through bank account of the petitioner.
Considering the aforesaid facts and circumstances as mentioned above, as F.I.R. is delayed by three (03) years, where petitioner is a lady of clean antecedent, the above named petitioner, in the event of her arrest or surrender within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria/concerned Court, where the
Patna High Court CR. MISC. No.65131 of 2022(4) dt.24-04-2023 3/3 case is pending in connection with Gogari P.S. Case No. 398 of 2019, G.R. No. 3423 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T