Batuliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1155 of 2024 Arising Out of PS. Case No.-291 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== BATULIYA DEVI W/O DOMA RAM WRONGLY MENTIONED RAM EKBAL RAM R/O VILLAGE- RUPPOIYA WRONGLY MENTIONED POPPOIYA, P.O- CHHITAUNA, P.S- KATEYA, DISTT.- GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned counsel for the parties.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 406, 409, 420 and 120(B)/34 IPC. 3.

The petitioner along with other accused persons are alleged to have defalcated the amount of Rs.31,69,256/- which was to be spent under Saat Nishchaya Yojana.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to village politics. She was the Ward Member of Ward no.4 and has not defalcated any amount. Petitioner has no criminal antecedent. 5.

In compliance of order dated 13.02.2024, a report from the District Magistrate, Gopalganj has been received, wherein, it is mentioned that as per report of BDO, Panchdevari, after

Patna High Court CR. MISC. No.1155 of 2024(4) dt.26-04-2024 2/2 lodging of the F.I.R., the petitioner had completed all the Four schemes but she had over drawn Rs.22777.35 only, which amount is still due against the petitioner.

6.

Learned counsel for the petitioner submits that the petitioner is ready to deposit the said amount of Rs.22,777.35 in the Treasury.

7.

Having regard to the facts and circumstances of the case, since the petitioner is ready to return the aforesaid amount, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kateya P.S. Case No.291 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8.

However, learned court below is directed to accept the bail bond of the petitioner after verifying that she has deposited the amount of Rs.22,777.35/- in the Treasury. (Anjani Kumar Sharan, J) pallavi/- U T