Allowed

Smt. Sulekha @ Sulekha Kumari v. The State of Bihar

Patna HC23 Aug 2023CR. MISC./53902/2023

Case brief

AI extract

What is this about?

In an application for anticipatory bail alleging defalcation of funds from the Chief Minister's scheme, the Patna High Court directed the admission of the petitioner to anticipatory bail. The relief is subject to verification by the Trial Court and compliance with other conditions imposed by that court.

What did the court decide?

Petitioner admitted to the privilege of anticipatory bail subject to verification of facts by the Trial Court and other conditions.

Smt. Sulekha @ Sulekha Kumari Vs The State of Bihar — Corruption | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53902 of 2023

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Arising Out of PS. Case No.-653 Year-2022 Thana- RAHUI District- Nalanda

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======================================================

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SMT. SULEKHA @ SULEKHA KUMARI WIFE OF AMARJEET PASWAN RESIDENT OF VILLAGE- DHAMAULI DIH, PS- RAHUI (WENA), DISTT- NALANDA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Satya Ranjan Sinha, Advocate For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 23-08-2023

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Heard the learned counsel for the petitioner and the

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learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with Rahui (Wena) PS case no. 653 of 2022, registered for the offences punishable under Sections 409, 420/34 of the Indian Penal Code.

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The allegation is regarding the funds of the Chief Minister’s Seven Resolves Scheme- Part I, to the tune of a sum of Rs. 3,34,382/-, having been defalcated by the Chairman of Ward Execution and Management Committee as also by the petitioner herein, who is stated to be the then Secretary of the said Committee.

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The learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.53902 of 2023(2) dt.23-08-2023 2/3

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the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is not having any complicity in the matter and if at all, any body is having complicity, it is the Chairman of the Committee, nonetheless, she has already deposited a sum of Rs. 1,30,000/- with the Office of the Panchayat, situated at Rahui and the same can be verified by the learned Trial Court.

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Per contra, the learned APP for the State has vehemently opposed the prayer for bail. 6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has already deposited a sum of Rs. 1,30,000/-, though I deem it fit and appropriate to direct for admitting the petitioner to the privilege of anticipatory bail, however subject to verification of the afore-said fact by the learned court of A.C.J.M.-I, Nalanda at Biharsharif in connection with Rahui (Wena) PS case no. 653 of 2022 and further subject to such other conditions as may be deemed fit and proper to be imposed by the Ld. Trial Court for the purposes of grant of anticipatory bail to the petitioner.

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Patna High Court CR. MISC. No.53902 of 2023(2) dt.23-08-2023 3/3

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The present petition stands disposed off on the

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aforesaid terms.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Smt. Sulekha @ Sulekha Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Smt. Sulekha @ Sulekha Kumari v. The State of Bihar

Case brief

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What did the court decide?

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