Smt Yashodhara Kumari Alias Yashodhara Devi Vs the State… — Anticipatory Bail | Jharkhand HC (2024)

Smt Yashodhara Kumari Alias Yashodhara Devi Vs the State… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender before the court below within three weeks, release on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hazaribag, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Barhi P.S. Case No.233 of 2017 (G.R. No.2511 of 2017) registered under Sections 409/420 IPC, concerning an alleged MGNREGA overpayment.

Court's answer

Granting anticipatory bail on parity: considering that the similarly situated co-accused persons have already been granted anticipatory bail by a Bench of this Court and by this Court, the Court is inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of her arrest or surrender before the court below within three weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hazaribag, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

A.B.A. No.5663 of 2024, High Court of Jharkhand at Ranchi (Justice Rajesh Shankar), decided 04.09.2024: Anticipatory bail granted to Yashodhara Kumari @ Yashodhara Devi, who at the relevant time was posted as Block Program Officer in Barhi block, apprehending arrest in Barhi P.S. Case No.233 of 2017 / G.R. No.2511 of 2017 registered under Sections 409/420 IPC over an alleged MGNREGA pond-construction overpayment of Rs.2,61,562/- (work proposed at Rs.1,32,712/- but payment recorded as Rs.3,94,274/-). Counsel stated that during the petitioner's tenure only Rs.1,50,000/- was utilised and that after a departmental inquiry she deposited Rs.23,778.50/- under pressure of superior officers; petitioner stated to have no criminal antecedent and undertook to co-operate with the ongoing investigation. Grant rests on parity: four similarly situated co-accused — Surendra Prasad Nirala, Arun Kumar Singh, Md. Abbas @ Abbas Ansari and Jai Prakash Nirala — had already been granted anticipatory bail vide orders dated 5th February 2024, 20th February 2024, 12th March 2024 and 2nd August 2024 (A.B.A. Nos. 10083/2023, 2712/2023, 637/2024, 4875/2024). On arrest or surrender within three weeks, release on a Rs.20,000/- bail bond with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hazaribag, subject to Section 482(2) BNSS 2023 conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5663 of 2024

Yashodhara Kumari @ Yashodhara Devi

.......... Petitioner. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Krishna Prajapati, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P. ----- Order No.02 Date: 04.09.2024

The petitioner is apprehending his arrest in connection with Barhi P.S. Case No.233 of 2017 corresponding to G.R. No.2511 of 2017 registered under Sections 409/420 of the Indian Penal Code, 1860.

Learned counsel for the petitioner submits that the petitioner who at the relevant point of time was posted as Block Program Officer in Barhi block has falsely been implicated in the present case and has not committed any offence as alleged in the F.I.R. It has been alleged in the written report of the informant that as per the technical inquiry report, the work of construction of pond under ‘MGNREGA’, was proposed to be done to the extent of Rs.1,32,712/-, however, as per the record, payment was made to the extent of Rs.3,94,274/-. Thus, there was overpayment of Rs.2,61,562/- in relation to the said work/scheme. It is further submitted that during tenure of the petitioner, Rs.1,50,000/- was only utilized and thereafter, the rest work was completed during the tenure of another B.P.O.-Renu Kumari who spent the balance

alleged amount but surprisingly her name has not surfaced in the instant case. It is also submitted that after the departmental inquiry conducted against the petitioner, she deposited an amount of Rs.23,778.50/- under the pressure of the superior officers. Similarly situated co-accused persons, namely, Surendra Prasad Nirala, Arun Kumar Singh, Md. Abbas @ Abbas Ansari and Jai Prakash Nirala have already been granted anticipatory bail by a Bench of this Court as well as by this Court vide orders dated 5^th February, 2024, 20^th February, 2024, 12^th March, 2024 & 2^nd August, 2024 passed in A.B.A. No.10083 of 2023, A.B.A. No.2712 of 2023, A.B.A. No.637 of 2024 and A.B.A. No.4875 of 2024 respectively. The petitioner has no criminal antecedent as has been stated in paragraph no.32 of the present anticipatory bail application. She also undertakes to co-operate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail. 3. Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and considering that aforesaid similarly situated co-accused persons have already been granted anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the petitioner, above named, in the event of her arrest or surrender before the court below within three

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weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hazaribag in connection with Barhi P.S. Case No.233 of 2017 corresponding to G.R. No.2511 of 2017 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Arpit/

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A.B.A. No.5663 of 2024