Patna High CourtCR. MISC./19304/2018disposed

Amerika Devi v. The State Of Bihar

2018-04-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19304 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Amerika Devi Wife of Rajendra Mishra R/o Village- Pali, P.S. Benipatti, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ahok Kumar Jha, Adv. For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 The petitioner is apprehending her arrest in connection with Benipatti P.S. Case No. 272 of 2017, registered for offences punishable under Sections 406, 409/34 of the Indian Penal Code. Allegation against the petitioner is of defalcation of Rs. 9,43,000/- It has been submitted on behalf of the petitioner that she was Mukhiya at the relevant time and has nothing to do with allegation rather it was the Panchayat Secretary, who is responsible for alleged defalcation and it is he, who has not produced the papers and against petitioner, there is absolutely nothing.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.19304 of 2018 (3) dt.26-04-2018 2/2 circumstances of the case, this appeal is disposed of with direction to the petitoner to surrender before the court below within a period of four weeks and on her surrender the court below shall release the petitioner on provisional bail to his satisfaction on furnishing bail bonds of Rs. 25,000/ (Rs. Twenty Five Thousand) with two sureties of like amount with condition that she will cooperate in investigation and make herself available as and when required by the police and on failure on her part to appear before the police on two consecutive dates, her bail bonds shall be cancelled. It will further be subject to the condition that once charge-sheet is submitted against the petitioner and if there is material against the petitioner, she will have to surrender before the court below and make prayer for regular bail, which will be considered by the court below on the basis of materials available at that time. (Vinod Kumar Sinha, J) sunil/- U T