Smt. Kanti Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77927 of 2018 Arising Out of PS. Case No.-402 Year-2018 Thana- BODHGAYA District- Gaya ======================================================

1. Smt. Kanti Devi wif eof Kapil Bhagat

2. Smt. Lalita Devi wife fo Sanjay Manjhi

3. Smt. Prabha Devi wife of Shisupal Bhagat All are resident of vilalge Rampur, P.S. Bodhgaya, District Gaya ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Bodhgaya P.S.Case no.402 of 2018 , registered for offences punishable under Sections 406, 409, 420, 120B of the Indian Penal Code.

Allegation against the petitioners, who are President, Secretary and Treasurer of Sambardhan Samuhik Vikash Samitee of Ward No.11 is of misappropriation of the amount meant for installation of the hand pump and construction of the toilets in the Nagar Panchayat Bodhgaya.

Submission of the learned counsel for the petitioners is that they have completed the work and submitted utilization certificate also, which is Annexure-1 to the supplementary

Patna High Court Cr.Misc. No.77927 of 2018(3) dt.11-01-2019 2/2 affidavit.

Heard learned A.P.P. and the learned counsel for the Bodh Gaya Nagar Panchayat, who have also admitted that the salutation certificate has been submitted after filing of the FIR. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Bodhgaya P.S.Case no.402 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation of the case. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T