IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17257 of 2010 BEGUM JOHARA KHATOON . Versus THE CHAIRMAN,B.S.ELECTRICITY B . ----------- 2. 2.12.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. The relief sought is for a new electrical connection in the name of the petitioner at her house for which she is stated to have applied on 17.7.2008. Learned counsel for the petitioner very fairly acknowledges that earlier the connection was in the name of her late husband which was disconnected on 25.2.2006 for dues of Rs. 66,462. The petitioner is ready and willing to pay the arrears of the dues in accordance with law. The Board must reconnect supply thereafter. Counsel for the Board submits that on 30.5.2009, the premises of the petitioner were visited by the officials of the Board along with the Magistrate of the District Control Cell when it was found that theft of electricity in the flat was committed and the unauthorized load was assessed at 8 K.W. leading to a tentative assessment of a punitive charge of a sum of Rs. 4,66,466/-. The unauthorized connection was dismantled and Digha P.S. Case No. 94 of 2009 under 2 Section 135 of the Electricity Act, 2003 has been registered. Counsel for the petitioner does not dispute the institution of the First Information Report but urges that the petitioner is not an accused therein. Learned counsel for the Board next invites attention of the Court to the Bihar Electricity Supply Code, 2007 framed under the Electricity Act, 2003 that resumption of supply in an allegation of theft of electricity can only be made upon payment of the dues as assessed. It the petitioner pays the arrears of the dues standing in the name of her husband in accordance with law and offers to deposit 50% of the amount at least as assessed in the First Information Report, the Board shall resume supply to her premises without prejudice to the rights and contentions of the parties in the criminal prosecution or other proceedings. If the petitioner seeks grant of any installments in so far as the 50% demand under the Police case is concerned, it is expected that the Board shall adequately consider the same in a manner, and on conditions to its satisfaction so that other conditions being fulfilled, supply may be resume. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)