Pushpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89998 of 2024 Arising Out of PS. Case No.-119 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Pushpa Kumari Wife of Ganesh Ram Resident of Village- Barauli Chak Amjhar, P.S.- Haspra, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 407, 408, 409, 420 of the Indian Penal Code.

3. As per F.I.R., this petitioner and other accused persons misappropriated Government fund of Rs. 50,000/- without completing the work in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner was Secretary at the relevant time and as per F.I.R., petitioner and co-accused jointly withdrew the entire alleged amount for completion of the work of water supply under Nal Jal Yojana. It is further submitted that work of Rs. 50,000/- has already been completed and petitioner is ready to deposit the rest amount of

Patna High Court CR. MISC. No.89998 of 2024(3) dt.28-02-2025 2/2 Rs. 50,000/-.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be 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 Sub-Divisional Judicial Magistrate, Daudnagar (Aurangabad) in connection with Haspura P. S. Case No. 119 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 50,000/- (Rs. Fifty Thousand) through Bank Draft in the Nazarat of the court below and produce its receipt at the time of furnishing bail-bond. (ii) It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T