Allowed

Sakuntala Devi and Ors. v. The State Of Bihar

Patna HC4 Aug 2016CR. MISC./20216/2016

Case brief

AI extract

What is this about?

The Patna High Court disposed of multiple bail petitions filed by Ward Councilors accused of fraud in an AwasScheme case. The court granted bail subject to conditions after finding no material nexus between the petitioners and middlemen.

What did the court decide?

Petitioners released on bail on furnishing bonds of Rs.10,000/- each with two sureties subject to conditions under Section 438(2) Cr.P.C.

Sakuntala Devi and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20216 of 2016

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Arising Out of PS.Case No. -13 Year- 2016 Thana -BELSAND District- SITAMARHI

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====================================================== 1. Sakuntala Devi W/o Shri Shyam Babu Prasad 2. Sabra Khatoon W/o Md. Ibrahim 3. Sunita Devi W/o Gopal Bhagat R/o Village- Belsand, PS Belsand, District Sitamarhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ======================================================

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.... .... Petitioner/s Versus .... .... Opposite Party/s

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with

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Criminal Miscellaneous No.23119 of 2016

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Arising Out of PS.Case No. -13 Year- 2016 Thana -BELSAND District- SITAMARHI ====================================================== Binod Choudhary S/o Shri Rambriksh Chaudhary R/o Village Belsand PS Belsand District Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23952 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -BELSAND District- SITAMARHI ====================================================== 1. Shyam Babu Prasad S/o Shri Baidynath Prasad 2. Md. Ibrahim S/o Md. Ainul Haque 3. Gopal Bhagat S/o Shri Ram Pratap Bhagat All R/o village - Belsand, P.S. Belsand, District - Sitamarhi .... .... Petitioner/s Versus The State of Bihar

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.... .... Opposite Party/s

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====================================================== with Criminal Miscellaneous No.23625 of 2016

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Arising Out of PS.Case No. -13 Year- 2016 Thana -BELSAND District- SITAMARHI

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====================================================== Lila Devi Wife of Kanhaiya Lal Sah Resident of Belsand Nagar Panchayat, Belsand, P.S. Belsand, District - Sitamarhi

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Patna High Court Cr.Misc. No.20216 of 2016 (4) dt.04-08-2016

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.20216 of 2016) For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Suman Kumari Singh(App) (In Cr.Misc. No.23119 of 2016) For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) (In Cr.Misc. No.23952 of 2016) For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. M.K. Nirala (In Cr.Misc. No.23625 of 2016) For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Amit Kumar Rakesh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 4 04-08-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Since all the aforesaid cases arise out of the same F.I.R. and are based on the same report, they are being heard together and disposed of after considering the materials which have surfaced by a common order. The petitioners in Cr.Misc. No.20216 of 2016 are Ward Councilors of Ward No.3, Ward No.7 and Ward No.11 respectively. The petitioner in Cr.Misc.No.23119 of 2016 is Ward Councilor of Ward No.2. The petitioners in Cr.Misc. No.23952 of 2016 being respective husbands are Ward Councilors of Ward No.3, Ward No.7 and Ward No.11 respectively. The petitioner in

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Patna High Court Cr.Misc. No.20216 of 2016 (4) dt.04-08-2016

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Cr.Misc. No.23625 of 2016 is Ward Councilor of Ward No.10.

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Learned counsel for the petitioners submits that the petitioners being Ward Councilors have been implicated in the present case alleging that they have withdrawn money of the house construction of Awas Scheme of the beneficiaries in connivance with the staffs of the State Bank and the beneficiaries have been defrauded by them, is wholly misconceived. It is submitted that these petitioners have nothing to do with the allegations as have been made in the F.I.R. They are no longer concerned with any recommendation being made in favour of the beneficiaries withdrawing and disbursing in their favour. It is further submitted that money in question is sent directly to the bank and the bank disburses the loan amount to the respective account of beneficiaries who have been marked for the said scheme. As such, no other person can withdraw the amount.

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Learned counsel appearing on behalf of the State after perusal of the case diary, which had earlier been called for, submits that the allegation against these petitioners is that they had acted as Bichouliya and the money in question which was disbursed to the beneficiaries were withdrawn by middle man and there is no specific allegation and material in the case diary to indicate that these petitioners have any nexus with those middle

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Patna High Court Cr.Misc. No.20216 of 2016 (4) dt.04-08-2016

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4/4

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man.

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Considering the material in the case diary, nature of allegation and also that there is no averment in the case diary that the bank officials have reported the matter and complained against these petitioners., let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Sitamarhi, in Belsand P.S. Case No.13 of 2016 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

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(Anjana Mishra, J)

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AnilKrSinha/-

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U T

Sakuntala Devi and Ors. v. The State Of Bihar

Case brief

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Sakuntala Devi and Ors. v. The State Of Bihar

Case brief

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