Srimati Sushila Devi @ Srimati Surila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81734 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

SRIMATI SUSHILA DEVI @ SRIMATI SURILA DEVI Wife of Subhash Paswan Ward Member 07, Resident of Village- Sukhar Ghat, P.S.- Alamnagar (Ratwara), District- Madhepura.

2.

Srimati Soni Kumari Wife of Arbind Mandal Ward Sachiv 07, Resident of Village- Sukhar Ghat, P.S.- Alamnagar (Ratwara), District- Madhepura. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 196 of 2019 registered for the offence punishable under sections 406, 409, 467 and 468 of the Indian Penal Code.

As per allegation made in the F.I.R., the two petitioners are stated to be the Ward Member and Ward Sachiv of Ward No. 7. On the direction of District Magistrate, an enquiry was conducted by the LRDC, Uda-Kishunganj and the Assistant Engineer of the National Highway Authority,

Patna High Court CR. MISC. No.81734 of 2019(3) dt.17-02-2020 2/3 Madhepura wherein the misappropriation of amount and irregularities carried out in construction of drain etc. came to light. It is stated that Ward Member and Ward Sachiv besides the Junior Engineer are also responsible.

It is submitted by learned counsel for the petitioners that the petitioners, who are ladies, happened to be the Ward Member and Ward Sachiv of the concerned ward. So far as the work is concerned, the estimate is prepared by the Junior Engineer who carries out the work and even as per the FIR, there is no specific allegation against these petitioners. The petitioners have no criminal antecedent. It is further submitted that it has come during course of investigation that further work has been carried out with respect to some of the shortcomings which were found in course of the inspection. The learned APP opposes the prayer for bail.

Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioners being ladies and the material that has transpired in course of investigation, this Court is inclined to grant anticipatory bail to the petitioners and they are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender, they will be

Patna High Court CR. MISC. No.81734 of 2019(3) dt.17-02-2020 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 196 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T