Salma Bibi Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Salma Bibi Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in connection with Itarhi PS Case no. 36 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-11, Buxar.

Issue for consideration

Whether the petitioner, named in Itarhi PS Case no. 36 of 2023 registered under sections 409 and 420 of the Indian Penal Code, should be enlarged on regular bail.

Court's answer

Taking into consideration the nature of allegations in the F.I.R., the petitioner having remained in custody for five months since 4.11.2023, the material transpiring in course of investigation, her not having any criminal antecedent and the charge-sheet having been submitted, the Court enlarged the petitioner on bail in connection with Itarhi PS Case no. 36 of 2023 on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-11, Buxar.

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J) granted regular bail to Salma Bibi, petitioner in Itarhi PS Case no. 36 of 2023 (District Buxar) registered under sections 409 and 420 of the Indian Penal Code. Prosecution case: the petitioner, a Ward Member at the relevant time, received a Rs. 12 lakh advance under the Chief Minister's Rural Drinking Water Scheme; inquiry showed work done only for Rs. 6,10,658/- and the remaining Rs. 5,89,342/- allegedly defalcated. Counsel contended political implication, payments made through account by cheques and a dispute of measurement/accounting. Taking into account the nature of F.I.R. allegations, custody of five months since 4.11.2023, investigation material, absence of criminal antecedents and submission of the charge-sheet, the Court enlarged the petitioner on bail on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-11, Buxar. Oral order dated 16-04-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6479 of 2024

Arising Out of PS. Case No.-36 Year-2023 Thana- ITARHI District- Buxar

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

Salma Bibi Wife of Salamuddin Ansari Resident of Ward No.-05, Kalyanpur, P.S.-Itarhi, Distt.-Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vinay Ranjan, Mr. Abhishek Teerthankar, Advocates. For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 16-04-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for

grant of regular bail in connection with Itarhi PS Case no. 36 of 2023 registered under sections 409 and 420 of the Indian Penal Code.

As per the prosecution case, the petitioner, who happened to be a Ward Member at the relevant time, received an advance of Rs. 12 Lakh under the Chief Minister’s Rural Drinking Water Scheme for carrying out the purpose of the Scheme. It is further stated that on inquiry, it transpired that the work was done only for an amount of Rs. 6,10,658/- and the rest amount of Rs. 5,89,342/- had been defalcated.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.6479 of 2024(3) dt.16-04-2024 2/2

submits that the petitioner has been falsely implicated in the case because of political differences. The work was carried out and all the payments were made through account by issuing of cheques. The dispute is primarily one of measurement etc., in assessing the amount of work done and of accounting. No amount has been defalcated. The petitioner is in custody since 4.11.2023 and has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the nature of allegations in the F.I.R. against the petitioner, the petitioner having remained in custody for five months since 4.11.2023, the material that has transpired in course of investigation, her not having any criminal antecedent and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Itarhi PS Case no. 36 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-11, Buxar.

(Partha Sarthy, J)

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