Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68884 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- PUNPUN District- Patna ====================================================== RUBI DEVI W/O BALBIR KUMAR R/O VILLAGE- JAT DUMARI, P.SPUNPUN, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Pandey, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-11-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Punpun PS case no. 140 of 2023, disclosing offences punishable under Section 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that the petitioner being the Mukhia of Dumri Panchayat, misappropriated a sum of Rs. 5,76,000/- meant for installation of boring/ pump under the Government Scheme and released the amount in his favour.

4.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged, inasmuch as the amount in question was released in favour of the

Patna High Court CR. MISC. No.68884 of 2023(2) dt.01-11-2023 2/2 Contractor, who met with an accident, due to which, the work in question could not be completed within the time frame. It is further submitted by referring to Annexure 4 that the informant has written a letter to the S.H.O. Punpun vide letter no. 1727 dated 08.08.2023 stating therein that the work has now been completed by the petitioner and utilization certificate has been submitted before the Junior Engineer.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration Annexure-4, which is a letter of the informant to the S.H.O. Punpun, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Masaurhi in connection with Punpun PS case no. 140 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T