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Patna High CourtCR. MISC./20176/2018bail granted

Srimati Kiran Devi v. The State Of Bihar

2018-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20176 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -CHAKAI District- JAMUI ======================================================

1. Srimati Kiran Devi Wife of Chanchal Mishra, the then Mukhiya, Gram Panchayat-Paranchi, Resident of Village-Batpar, P.S. Chakai, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Chakai P.S.Cae No.83 of 2017 , registered for offences punishable under Sections 406, 409, 420, 467, 468, 471 and 34 of the Indian Penal Code.

Allegation against the petitioner who happens to be Mukhia of the Gram Panchayat of installing hand-pump on the private land of the villagers.

Submission of the learned counsel for the petitioner is that there is no illegality rather it is irregularity and it has been alleged at the instance of the defeated candidate of Mukhiya and the petitioner is a lady.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.20176 of 2018 (2) dt.11-04-2018 2/2 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 order, 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., Jamui in connection with Chakai P.S.Case No.83 of 2017, subject to condition 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. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T