Madhu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70417 of 2023 Arising Out of PS. Case No.-134 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== Madhu Devi W/O Bashisth Paswan @ Bashishtaha Paswan R/O Vill - Bahornapur, P.S. - Kochas, Distt. - Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kochas P.S. Case No. 134 of 2021 dated 13.08.2021 instituted for the offence punishable under Sections 406, 409, 420 of the Indian Penal Code.
3. The allegation against the petitioner is that she defalcated the government money which was provided to her to complete the work under the scheme of Nal Jal Yojna which was not completed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the alleged tender for completing the work under the Scheme of Nal Jal Yojna was given to M/s Usha Enterprises and payment was made by several cheques
Patna High Court CR. MISC. No.70417 of 2023(2) dt.01-11-2023 2/2 amounting to Rs. 14,00,500/- in the account of M/s Usha Enterprises and the same was withdrawn. Learned counsel for the petitioner further submits that similarly situated co-accused persons have been granted anticipatory bail vide Criminal Miscellaneous No. 4885 of 2022, Criminal Miscellaneous No 8191 of 2022, Criminal Miscellaneous No 11263 of 2023 and Criminal Miscellaneous No 62628 of 2022 passed by different coordinate Bench of this Court on different dates. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kochas P.S. Case No. 134 of 2021, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Sasaram, Rohtas subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T