Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76008 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== MUNNI DEVI, wife of Late Lallan Parsad @ Lallanji Parsad Resident of Village- Kateya, P.S.- Kateya, District- Gopalganj (Ex-Chairman of Kateya Nagar Parishad PACS).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudama Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 406/420/409 of the Indian Penal Code.

Allegation against the FIR named accused including the petitioner is to have collected huge amount of money from the members of the PACS and Rs.12,70,748/- has been deposited but they are not returning the same. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. It has further been submitted that petitioner has not misappropriated the amount, rather recovery of the loan is

Patna High Court CR. MISC. No.76008 of 2019(3) dt.11-12-2019 2/3 pending and once the loans are recovered, the same will be given to the members and up till now the auditing has not been done. Similarly, situated co-accused Prakash Kumar, who is the present Chairman of the PACS, has already been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 02.12.2019 passed in Cr. Misc. No.70310 of 2019. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kateya P.S. Case No.113 / 19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and her absence on two consecutive dates without proper and reasonable

Patna High Court CR. MISC. No.76008 of 2019(3) dt.11-12-2019 3/3 reason will be sufficient to cancel her bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T