Gudiya Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Gudiya Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest or surrender before the learned Court below within six weeks, the petitioners are to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court No.2 of JMFC, Muzaffarpur (East) in connection with Gaighat P.S. Case No.392 of 2023, subject to the conditions under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioners are entitled to bail in anticipation of arrest in Gaighat P.S. Case No.392 of 2023, registered for offences punishable under Sections 409, 420 and 34 of the Indian Penal Code. +1 more

Court's answer

In the event of their arrest or surrender before the learned Court below within six weeks, the petitioners are directed to be released on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court No.2 of JMFC, Muzaffarpur (East) in connection with Gaighat P.S. Case No.392 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted. Two women petitioners, identified as Ward Member and Ward Secretary of Ward No.5 of Jaanta Panchayat (District Muzaffarpur), sought pre-arrest bail in Gaighat P.S. Case No.392 of 2023 under Sections 409, 420 and 34 IPC, arising from irregularities found by Technical Assistant Naina Kumari in 07th Nischai Yojna work executed with Rs.17,82,420/- deposited in the Managing Committee account. Counsel pleaded clean antecedents, that Rs.17,02,832/- was withdrawn and spent on the work as recorded in the Measurement Book, that the balance remains in the account, and that petitioner no.2 offered her own land for the water tower and tank; the learned A.P.P. opposed. Satyavrat Verma, J., directed that on arrest or surrender within six weeks the petitioners be released on bail on furnishing bail-bonds of Rs.10,000/- each with two sureties of the like amount to Court No.2, JMFC Muzaffarpur (East), subject to Section 438(2) Cr.P.C. conditions. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19166 of 2025

Arising Out of PS. Case No.-392 Year-2023 Thana- GAIGHAT District- Muzaffarpur

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

Gudiya Devi W/o Arvind Mandal R/o Village- Jaatadih P.S- Gaighat, District- Muzaffarpur

Kumari Jayanti Chaudhary @ Kumari Jayanti W/o Prakash Kumar Chaudhary R/o Village- Jaatadih P.S- Gaighat, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Sharma ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 23-04-2025

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and the informant, Panchayat Secretary, alleges that petitioners are Ward Member and Ward Secretary of Ward No.5 of Jaanta Panchayat and an amount of Rs.17,82,420/- was deposited in the account of the Managing Committee for executing the work of 07^th Nischai Yojna. After the work was completed, the same was

Patna High Court CR. MISC. No.19166 of 2025(2) dt.23-04-2025 2/3

inspected by Naina Kumari, Technical Assistant, who found irregularities in the work.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case based on surmises and conjectures. It is next submitted that the amount of Rs.17,82,420/- was credited in the account of the Managing Committee and from the said account and an amount Rs.17,02,832/- was withdrawn for the purposes of completing the work under Saat Nischai Yojna. It is also submitted that there was no government land in Ward No.5, as such, the petitioner no.2 offered her land, on which water tower and tank were constructed. It is also submitted that from perusal of Annexure-2 to the writ application, it would manifest that the Measurement Book with regard to the work recorded worth Rs.17,02,832/-. It is next submitted that rest of the amount is lying in the account of the Managing Committee. It is also submitted that petitioners will not abscond rather will cooperate in the investigation.

Learned A.P.P. opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the

Patna High Court CR. MISC. No.19166 of 2025(2) dt.23-04-2025 3/3

event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court No.2 of JMFC, Muzaffarpur (East) in connection with Gaighat P. S. Case No.392 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

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