Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30362 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Usha Devi Wife of Shri Pradeep Singh @ Pradeep Kumar Singh, Resident of Village-Khajauli, P.S.-Khajauli, District-Madhubani, Ex Mukhiya of Gram Panchayat Raj-Khajauli, P.S.-Khajauli, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2017 Heard both sides.

The petitioner apprehends her arrest in Khajauli P.S. case No. 166 of 2016 for the offences punishable under Section 406, 409, 420 of the Indian Penal Code.

The Block Development Officer is informant of the case and on the basis of the enquiry report of S.D.O., Madhubani the present case was registered against the petitioner for defalcation of amount in execution of different schemes as well as under the administrative head of the Panchayat. The learned counsel for the petitioner submits that petitioner was Mukhiya of Gram Panchayat in the year 2007-08. The allegation against the petitioner is that she withdrew Rs. 27,250/- under different heads without annexing any voucher for administrative expenditure. Similarly, with regard to different

Patna High Court Cr.Misc. No.30362 of 2017 (3) dt.23-08-2017 2/2 schemes some irregularities are alleged to have been committed. It is submitted that the schemes were completed in the year 2007-08. The petitioner completed the schemes and only thereafter money was withdrawn and after eight years of the completion of scheme the inspection was made and certain irregularities were found on the basis of which it is alleged that petitioner defalcated the amount.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged 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, Madhubani in connection with Khajauli P.S. case No. 166 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T