Patna High Court
Nurun Nesa vs The State Of Bihar on 17 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37693 of 2020
Arising Out of PS. Case No.-9 Year-2020 Thana- BALTHAR District- West Champaran
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Nurun Nesa, aged about 40 years, Female, Wife of Atiurrahman, Resident of
village- Dhakutawa Tola, Lakhaura, PS- Balthar, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Umesh Lal Verma, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-08-2021
The matter has been heard via video conferencing.
2. Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Umesh Lal Verma, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Balthar PS Case No. 9 of 2020 dated 02.02.2020, instituted
under Sections 406, 409, 420, 467, 468 and 471 of the Indian
Penal Code.
4. The allegation against the petitioner, as per the
written complaint of the Block Development Officer, Sikta,
West Champaran, is that, he being the Mukhiya of Gram
Panchayat Raj Dhankutwa, did not complete the project under
the Mukhyamantri Gramin Paijal Nishay Yojana and
Patna High Court CR. MISC. No.37693 of 2020 dt.17-08-2021
Mukhyamantri Gramin Gali Nali Pakkikaran Nishay Yojana
within time.
5. After some arguments, learned counsel for the
petitioner submitted that in view of sufficient materials available
with him to show that the role of the petitioner was limited to only
initial transfer of the money to the Ward Implementation
Committee, he may be permitted to withdraw the petition to
enable her to surrender before the Court below and pray for bail. It
was submitted that this Court may indicate that the Court below
may consider all the points raised in the present petition and not
be prejudiced by the withdrawal of the present petition.
6. Learned APP does not object.
7. Having regard to the aforesaid, as prayed for by
learned counsel for the petitioner, the petition stands disposed of
as withdrawn.
8. However, if the petitioner appears before the Court
below and prays for bail, the same shall be considered on its own
merits, in accordance with law, without being prejudiced by the
present order. It goes without saying that it shall be open to the
petitioner to place all points and materials, including those
brought before this Court in the present proceeding, before the
Court below while pressing her petition for grant of bail.
Patna High Court CR. MISC. No.37693 of 2020 dt.17-08-2021
9. Interim protection granted to the petitioner under
order dated 20.07.2021, stands vacated.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
