Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80376 of 2019 Arising Out of PS. Case No.-438 Year-2015 Thana- BIHTA District- Patna ====================================================== Rambha Devi Wife of Tej Pratap Singh Resident of Village - Babhan Lai, P.S. Bihta. District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Bihta P.S. Case No. 438 of 2015 for the offence punishable under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The allegation is regarding the petitioner and other accused persons having committed fraud and fabricated rent receipts, received from the farmer, resulting in loss to the Government.

The learned counsel for the petitioner has submitted that the petitioner is innocent and the present case has been filed belatedly after a period of five years and even if the allegation is considered to be true on its face value, the only job of the Chairman of the PACS is to forward the rent receipt of the farmers, but

Patna High Court CR. MISC. No.80376 of 2019(2) dt.06-12-2019 2/2 the same is required to be verified by the Government official before taking any further action. It is further submitted that the petitioner is ready to join investigation and is having clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur in connection with Bihta P.S. Case No. 438 of 2015, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the petitioner shall join investigation and would appear before the investigating agency whenever he is called to do so and in default, the investigating agency shall be free to approach this court for cancellation of bail.

(Mohit Kumar Shah, J) Tiwary/- U T