Patna High Court - Orders
Rita Devi vs The State Of Bihar on 28 April, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12244 of 2017
Arising Out of PS.Case No. -149 Year- 2015 Thana -JANKINAGAR District- PURNIA
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Rita Devi, wife of Acche Lal Mandal, Resident of Village- Navlakhi, Tola-
Bora Rahi, Ward No.1, Police Station- Janki Nagar, District- Purnia.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate.
For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 28-04-2017Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Janki Nagar P.S. Case No. 149 of 2015 instituted for the offence under Sections 406, 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he is not named in the written report. In the written report there is specific allegation against Awadhesh Singh, Panchayat Secretary.
There is allegation against the petitioner that during enquiry it transpired that the money under Indira Awas Yojana has been sanctioned to her in the name of Bimla Devi, wife of Achhey Lal Mandal whereas the correct name of petitioner is Rita Devi, Patna High Court Cr.Misc. No.12244 of 2017 (3) dt.28-04-2017 2/3 wife of Achhey Mandal.
It has been submitted on behalf of the petitioner that she has not committed any forgery. It was simply a mistake done by the Panchayat Secretary and other persons. Petitioner after sanction of money, has also constructed the house in question under Indira Awas Yojana and spent Rs.35,000/-
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Janki Nagar P.S. Case No. 149 of 2015 corresponding to G.R. No. 5231 of 2015, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, Patna High Court Cr.Misc. No.12244 of 2017 (3) dt.28-04-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/-
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