Veena Kumari Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40029 of 2016 Arising Out of PS.Case No. -270 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Veena Kumari Sinha W/o Sri Satyendra Kumar Sinha .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Ajay Mishra APP72 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2016 Heard Sri Akhileshwar Prasad Singh, the learned senior counsel for the petitioner, and Sri Ajay Mishra, the learned Additional Public Prosecutor.

The petitioner seeks bail in Spl. Case No. 32 of 2016, arising out of Kotwali P.S. case No. 270 of 2016, under Section 420, 465, 467, 468, 471, 120B of the Indian Penal Code and under Section 8, 9, 13(i) (e) read with Section 13(2) of the Prevention of Corruption Act.

The informant, Director, Secondary Education, Government of Bihar, Patna alleged that on the basis of unfair means and unfair modes the students of Visundeo Rai College, Kiratpur, Rajaram, Bhagwanpur, Vaishali at Hajipur secured top positions in Intermediate examination in the stream of Science and Arts although they do not deserve.

Patna High Court Cr.Misc. No.40029 of 2016 (4) dt.15-11-2016 2/3 The learned senior counsel for the petitioner submits that the petitioner is not named in the FIR. The I.O. called the petitioner for interrogation. The petitioner appeared before the I.O. and replied the questionnaire and on the basis of which the petitioner was taken into custody. The petitioner simply admitted that she was a Member of the Managing Committee but no overt act or any other illegal acts on the part of the petitioner is shown in the entire case diary. It is further submitted that petitioner was not even a Member of the Managing Committee.

From a perusal of the affidavit sworn by Amit Kumar, Principal of the college, it would appear that 13 persons were recommended as Members of the different category in the proposed Managing Committee and the petitioner is also one of them. Similarly situated accused Nishu Singh has already been granted bail by this court vide order passed in Cr. Misc. No. 36871 of 2016, Dr. Kumari Shakuntala in Cr. Misc. No. 34912 of 2016 and Nand Kishore Yadav has been granted bail by the learned Special Judge, Vigilance- I, Patna and the case of petitioner stands on the same footing.

Patna High Court Cr.Misc. No.40029 of 2016 (4) dt.15-11-2016 3/3 alleged merit scam.

Having considered the fact that case of the petitioner stands on the same footing as that of Nishu Singh, Dr. Kumari Shakuntala and Nand Kishore Yadav, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-1st, Patna Spl. case No. 32 of 2016, arising out of Kotwali P.S. Case No. 270 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T