Punam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19875 of 2018 Arising Out of PS. Case No.-167 Year-2017 Thana- TEKARI District- Gaya ====================================================== Punam Kumari Daughter of Jagdeo Choudhary, Wife of Ajay Kumar Resident of Village-Deodharpur, P.S.-Tikari, District-Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned Counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468 and 120B of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 21.04.2017 submitted by the BDO, Tekari addressed to the Station House Officer, Tekari Police Station to the effect the 'Old Age Pension' has been disbursed in favour of the dead persons. Initially the case was initiated on the complaint of Vijay Gupta, who happens to be the husband of Shilpa Gupta, the Ward Member of Panchayat.
It is submitted by learned Counsel for the petitioner that the petitioner was at the relevant time working on the post of
Patna High Court Cr.Misc. No.19875 of 2018(2) dt.06-04-2018 2/3 Vikash Mitra. The 'Old Age Pension' are disbursed with the signature of Panchayat Secretary and Panchayat Sewak. Realizing the mistake Panchayat Secretary Hare Krishna Prasad Singh deposited Rs.4,000/- with regard to the payment made in favour of one Malti Devi, which gets reflected from the deposit slip, as contained in Annexure-4. The BDO, Tekari conducted an enquiry in pursuance to the complaint made to the appellate authority under the Public Grievance Redressal Act, wherein it has been recorded that the petitioner was not involved in disbursement of the amount of 'Old Age Pension'. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. J. N. Thakur, learned APP for the State that the accusation against the petitioner is specific. However, he has not controverted this fact that under 'Old Age Pension' scheme the disbursing authorities are Panchayat Secretary and Panchayat Sewak.
Considering the fact that Panchayat Secretary and Panchayat Sewak are authorized to disburse the amount under 'Old Age Pension' scheme, petitioner being a lady and her involvement has not been found during enquriy by the BDO, Tekari, as contained in Annexure-5, coupled with statement
Patna High Court Cr.Misc. No.19875 of 2018(2) dt.06-04-2018 3/3 made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent., let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya, in connection with Tekari P. S. Case No. 167 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T