Pinki Devi & Ors. v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 25-06-2013 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Taraiya P.S. Case No. 102 of 2012 registered under Sections-420, 409, 467, 468, 471/34 of the Indian Penal Code. Learned counsel for the petitioners submits that two fold allegations have been levelled against petitioners. It is stated that on 04-07-2012, when the inquiry team inspected the place, near about 70 plants were found dead, which had been planted under MANREGA scheme and furthermore, it is alleged that the petitioners did not make payment to labourers. Learned counsel appearing for the petitioners submits that in course of inquiry, the statements of labourers were recorded at paragraphs-13 to 40 of the case diary and in the aforesaid statements, almost all the labourers admitted this fact that they had Patna High Court Cr.Misc. No.7575 of 2013 (4) dt.25-06-2013 received payment. So far as dead plants are concerned, new plants had already been planted there. Considering the aforesaid facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, namely, Pinki Devi, Pramila Devi, Asha Gupta, Bir Bahadur Rai, Chathi Lal Sah and Lalan Singh, in the event of their arrest or surrender within four weeks from the date of receipt of this order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Taraiya P.S. Case No. 102 of 2012 to the satisfaction of Chief Judicial Magistrate, Saran at Chapra subject to conditions as laid down u/S 438 of the Cr.P.C. A.K.V./- (Hemant Kumar Srivastava, J)