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Lalita Devi v. State Of Bihar and Anr.

Patna HC8 Oct 2015CR. MISC./37584/2015

Case brief

AI extract

What is this about?

The High Court released the petitioner on provisional anticipatory bail for seven months regarding charges of cheating and criminal breach of trust. The bail is conditional upon depositing 20% of the alleged dues in six monthly installments within six months to confirm temporary release. The deposit will not be treated as an admission.

What did the court decide?

The petitioner was released on provisional anticipatory bail for seven months, subject to furnishing a bond and undertaking to deposit 20% of the alleged dues in six monthly installments within six mo

Lalita Devi Vs State Of Bihar and Anr. — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37584 of 2015

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Arising Out of PS.Case No. -80 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS)

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====================================================== Lalita Devi .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Ranjan Pandey, Adv. For the O.P. No.2 : Mr. A.N. Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 08-10-2015 The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

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The prosecution case is that under an agreement the during the agriculture year 2012-13, petitioner being the rice miller was supplied 6900 quintals of paddy by the Rohtas unit of the Bihar State Food and Civil Supplies Corporation Ltd., in lieu thereof the petitioner was supposed to supply 4623 quintals of custom milled rice but he supplied only 2961.05 quintals of custom milled rice and failed to supply 1661.95 quintals of processed rice worth `35,99,052.44 /-.

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It is submitted that processed rice could not be supplied due to laches on the part of the authorities of the Bihar State Food Corporation Ltd., and the calculation of quantum of

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Patna High Court Cr.Misc. No.37584 of 2015 (4) dt.08-10-2015

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non-supplied rice has been made mechanically as the petitioner supplied more than 2961.05 quintals of rice, accordingly, the calculation of due amount also gets vitiated. Moreover, under the agreement there is provision of recovery of alleged amount by initiating certificate proceeding though Certificate Case No. 17 of 2014-15 has already been initiated. The petitioner is still ready to supply the balance processed rice.

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It is submitted by Mr. Awadhesh Kumar, learned counsel for the Bihar State Food and Civil Supplies Corporation Ltd. that the petitioner failed to supply the processed rice within stipulated period i.e. 31.12.2013 and under the agreement, the Bihar State Food and Civil Supplies Corporation Ltd., is entitled to initiate legal action for recovery of due amount.

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However, learned counsel for the petitioner submits that the petitioner is ready to deposit of 20% of alleged due amount of `35,99,052.44/- within a period of six months in six monthly equal installments through bank draft in favour of the Bihar State Food and Civil Supplies Corporation, Ltd., Patna, though, statement to that effect has not been made in the petition.

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Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for seven months, in the event of arrest or surrender before the

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Patna High Court Cr.Misc. No.37584 of 2015 (4) dt.08-10-2015

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learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 80 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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The provisional bail of the petitioner will be confirmed by the learned court below on submission of bank draft of 20% of alleged due amount of `35,99,052.44/- in favour of Bihar State Food and Civil Supplies Corporation Ltd., within a period of six months in six monthly equal installment.

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The above deposit will be subject to the certificate proceeding but the same will not be treated as an admission of the petitioner against the claim of the informant.

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(Dinesh Kumar Singh, J)

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Amrendra/-

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U T

Lalita Devi v. State Of Bihar and Anr.

Case brief

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Lalita Devi v. State Of Bihar and Anr.

Case brief

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