Allowed

Dhanamuni Devi v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./68409/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitionor Dhanamuni Devi, a former Mukhiya, apprehending arrest in a criminal case involving alleged misappropriation of funds for school construction. The court noted the construction was completed and future issues were matters of accounting against those directly involved, on condition of apprehension of arrest.

What did the court decide?

Anticipatory bail granted; release on bail of Rs.10,000/- each with two sureties on apprehension of arrest under Section 438 Cr.P.C.

Dhanamuni Devi Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68409 of 2018

¶2

Arising Out of PS. Case No.-5 Year-2018 Thana- AGION (GARHANI) District- Bhojpur

¶3

====================================================== Dhanamuni Devi Wife of Ramesh Ram @ Ramesh Paswan Resident of Village-Agiaon,P.S. Agiaon,Distt.-Bhojpur

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

¶7

2 17-12-2018

¶8

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

¶9

The petitioner is apprehending her arrest in connection with Agiaon (G) P.S. Case No. 05 of 2018 for the offence under Sections 409, 420 of the Indian Penal Code.

¶10

Learned counsel appearing on behalf of the petitioner submits that at the relevant time petitioner was a Mukhiya of the Panchayat and in the meeting in connection with the construction of the school building one Mukesh Kumar was selected as contractor except participating in that meeting petitioner has no role play in the matter of construction of Building and utilization of fund. In the instant case out of Rs. 8,10,000/- was allotted but only construction of Rs. 1,92,300/-

¶11

Patna High Court Cr.Misc. No.68409 of 2018(2) dt.17-12-2018 2/2

¶12

was done and remaining amount is alleged to have been misappropriated. Learned counsel for the petitioner submits that the construction in all respects has been subsequently completed and it is now matter of measurement and accounting and that too against those who were directly concerned with the construction of the school building.

¶13

Considering the totality of the facts situation, the Court is inclined to grant privilege of anticipatory bail to the petitioner, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate-VII, Bhojpur, Ara, in connection with Agiaon (G) P.S. Case No. 05 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C..

¶14

(Anil Kumar Upadhyay, J)

¶15

T.Kr./Rashid

¶16

U T

Dhanamuni Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Dhanamuni Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kapildeo Sahani Vs The State Of Bihar

Abdul Rahman @ Abdul Vs The State Of Bihar

Md. Kamre Alam @ Kamre Alam Vs The State Of Bihar

Kin Devi Vs The State Of Bihar

Gopal Singh Vs The State Of Bihar

Umesh Thakur and Anr. Vs The State Of Bihar