The Patna High Court granted bail to the petitioner, an Assistant Engineer, in a PS Case involving allegations of non-construction of toilets under multiple sections of the IPC, directing her appearance on trial dates with strict conditions.
Petitioner granted bail on Rs. 10,000/- bond with two sureties of Rs. 10,000/- each to appear on trial dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38859 of 2015
Arising Out of PS.Case No. -85 Year- 2015 Thana -BAARSOI (R.T) District- KATIHAR
====================================================== Reeta Mandal wife of Late-Sushil Mandal, resident of Mohallah- Hariganj, P.S- Katihat, District- Katihar.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
4 08-03-2016 Heard the counsel for the petitioner and Mr. M. Dayal,
APP for the State.
The petitioner herein seeks anticipatory bail in Barsoi
P.S. Case No. 85 of 2015 registered under Sections 420, 409,
467, 468, 471 and 120(B) of the Indian Penal Code.
Assistant Engineer, Public Health Department lodged
the FIR alleging that District Water Swakshta Samiti, undertook
construction of toilets through Jan Kalyan Samiti, Ram
Krishnanagar, Dhelwa. Co-accused Manager Ram, the Junior
Engineer of the Department was made the overall incharge.
Later, it was found that 152 toilets were not constructed by the
Jan Kalyan Samiti, although payment therefor was made. The
contention of the petitioner is that except naming her in the
accused column, there is no allegation attributed to her. The
petitioner is the Secretary of “Shiv Sewa Sansthan”. The FIR
Patna High Court Cr.Misc. No.38859 of 2015 (4) dt.08-03-2016
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does not allege that any work of construction of toilets was executed through “ Shiv Sewa Sansthan. She is a lady and deserves the privilege of anticipatory bail.
Mr. M. Dayal, APP for the State while opposing the prayer, draws the attention of the Court to the impugned order wherefrom it appears, the learned Sessions Judge has noted that materials may come incriminating the petitioner in the investigation. It thus, appear that as on date when the order was passed, there is materials incriminating the petitioner in the alleged crime/offence.
In the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in P.S. Case No. 85 of 2015 on condition that one of the bailors shall be her own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel her bail bonds.
(Kishore Kumar Mandal, J)
rohit/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in the instant PS Case.
1 provisions across 1 enactments
Reeta Mandal
The State of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
