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Patna High CourtCR. MISC./88170/2024bail granted

Munni Devi v. The State Of Bihar

2025-01-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88170 of 2024 Arising Out of PS. Case No.-117 Year-2022 Thana- SANHAULA District- Bhagalpur ====================================================== Munni Devi W/o Upendra Mandal R/o village - Khiridaur, P.S. - Sanhaula, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Mobassar Ali, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025

1. Heard learned counsel for the petitioner Md. Mobassar Ali and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 406, 420, 409, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that petitioner and one Anusuiya Devi had done the work of Mukhya Mantri Jal Nal Yojna, which was examined by one Md. Siddique Alam (Junior Engineer) and during the course of examination, it was found that both the F.I.R. named accused persons withdrew an amount of Rs.2,99,750/- in excess.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is further submitted that no amount can be withdrawn without the signature of the Panchayat Secretary. It is next submitted that since Panchayat Secretary was involved in defalcation of government

Patna High Court CR. MISC. No.88170 of 2024(2) dt.08-01-2025 2/2 money, as such, in order to save himself, he instituted the instant false case. It is also submitted that petitioner had also filed a complaint case against Md. Siddique Alam and against Kundan Tanti bearing Complaint Case No.1748/2022, wherein it is alleged that the accused persons defalcated an amount of Rs.12 lacs of the government money and the petitioner had to complete the work by using her own fund.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a woman, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sanhaula P.S. Case No.117/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T