Dismissed¶22

Priyanka Kumari v. The State of Bihar

Patna HC20 Sept 2024CR. MISC./28816/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; application dismissed - Patna High Court, CRIMINAL MISCELLANEOUS No.28816 of 2024, Anjani Kumar Sharan, J., 20-09-2024. Alleged defalcation of paddy (2135 quintals kept, only 262.19 quintals found) in Sahiyara P.S. Case No.122 of 2023, Sitamarhi; offences u/s 420 and 409/34 IPC; huge public money involved; petitioner a Computer Operator, unmarried female, claims fire incident (P.S. Case No.82 of 2023) and no criminal antecedent; liberty to surrender within six weeks and seek regular bail.

What did the court decide?

None by way of bail; anticipatory bail rejected. Petitioner given liberty to surrender before the court below within six weeks and seek regular bail. ¶22

Priyanka Kumari Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

None by way of bail; anticipatory bail rejected. Petitioner given liberty to surrender before the court below within six weeks and seek regular bail.

¶22

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Sahiyara P.S. Case No.122 of 2023 (offences punishable u/s 420 and 409/34 of the IPC) for alleged defalcation of paddy causing loss to the Government, should be enlarged on anticipatory bail. +1 more

¶21

Court's answer

Considering that huge public money is involved in the case, the Court was not inclined to enlarge the petitioner on bail and rejected her prayer for anticipatory bail.

¶21

Ratio / Principle

The anticipatory bail application is dismissed.

¶22

Key takeaways

The petitioner is at liberty to surrender before the learned court below within six weeks and seek regular bail; the court below is to pass order, preferably on the same day and in accordance with law, considering that the petitioner is an unmarried female.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.28816 of 2024 (oral order dated 20-09-2024), coram Anjani Kumar Sharan, J. Anticipatory bail application by Priyanka Kumari, apprehending arrest in Sahiyara P.S. Case No.122 of 2023 (District Sitamarhi), registered for offences punishable u/s 420 and 409/34 of the IPC, arising from alleged defalcation of paddy: 2135 quintals kept in the godown but only 262.19 quintals found on physical verification, causing loss to the Government. Counsel pleaded innocence, stating the petitioner was a Computer Operator with no specific allegation against her, that unknown persons had set fire inside the godown (for which she filed Sahiyara P.S. Case No.82 of 2023), that the purchase was made by the Chairman of PAX per the payment Advice Register FY 2022-2023, and that she had no criminal antecedent; the learned APP opposed, submitting there was specific allegation against her. Holding that huge public money was involved, the Court rejected anticipatory bail and dismissed the application, while permitting surrender before the court below within six weeks to seek regular bail, with the court below directed to pass order, preferably the same day and in accordance with law, considering the petitioner is an unmarried female.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28816 of 2024

¶2

Arising Out of PS. Case No.-122 Year-2023 Thana- SAHIYARA District- Sitamarhi

¶3

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

¶4

Priyanka Kumari WIFE OF Raushan Kumar @ Raushan Kumar Baitha RESIDENT OF VILLAGE- NARHA JAGDAR, PS- SAHIYARA, DISTSITAMARHI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr.Dilip Kumar No.1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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5 20-09-2024 Heard learned counsel for the petitioner and Mr. Dilip

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Kumar No.1, learned APP for the State.

¶14

Petitioner is apprehending her arrest in connection with Sahiyara P.S. Case No.122 of 2023, registered for the offence punishable u/s 420 and 409/34 of the IPC.

¶15

Allegation against the petitioner is of defalcating quintals of paddy. 2135 quintals of paddy was kept in the godown but on physical verification, only 262.19 quintals of paddy was found, which was less than the paddy kept in the godown, which caused loss to the Government.

¶16

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. In fact, the petitioner came to know that some unknown persons

¶17

have set fire inside the godown after breaking the window, thereafter, she went there and found ashes of burnt paddy, for

¶18

Patna High Court CR. MISC. No.28816 of 2024(5) dt.20-09-2024 2/2

¶19

which, she instituted a case bearing Sahiyara P.S. Case No.82 of 2023. It is submitted that petitioner was a Computer Operator and there is no specific allegation against her. She was not aware of the purchase or payment of advice and in fact, there was no embezzlement and the purchase was made by the Chairman of PAX, which is evident from the payment Advice Register of Financial Year 2022-2023 (Annexure-P/3 to the writ petition). Petitioner has no criminal antecedent.

¶20

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner.

¶21

Considering that huge public money is involved in this case, I am not inclined to enlarge the petitioner on bail. Prayer for grant of anticipatory bail on her behalf is hereby rejected.

¶22

This application is accordingly dismissed.

¶23

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that the petitioner is an unmarried female.

¶24

(Anjani Kumar Sharan, J)

¶25

pallavi/-

¶26

U T

Priyanka Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Priyanka Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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