Smt. Rani Kumari v. The State Of Bihar Through The Superintendent Of Police, Vigilance Circular Road, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8854 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -VIGILANCE District- PATNA ======================================================

1. Smt. Rani Kumari Wife of Professor Krishna Ballabh Singh resident of Mohalla Salempur, P.S. Chapra Town, District Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar through the Superintendent of Police, Vigilance Circular Road, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc., Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Vigilance P.S.Case No.105 of 2016 registered for offences punishable under Sections420, 467, 468, 471, 472, 477A/409/120B of the Indian Penal Code.

It is submitted on behalf of the petitioner that the allegation against this petitioner is that she has not disputed the subsidy amount properly amongst the beneficiaries and also she has not followed the procedures and rules while distributing the amounts. The further allegation is that sufficient students were not found in the College, however, the list of distribution of the period 20052006 and 2009-2010 has been examined by the Chartered

Patna High Court Cr.Misc. No.8854 of 2017 (2) dt.06-03-2017 2/3 Accountant and he did not found any illegality in distribution and also the petitioner is incharge of the College, as such the petitioner is not responsible for distribution rather it is Managing Committee, who is responsible for the same; as such the case is not made out against the petitioner, as specified in the F.I.R. Heard learned A.P.P. and the learned counsel for the Vigilance Department. The learned counsel for the Vigilance has submitted that a case has been lodged against the petitioner and other co-accused persons in view of the direction of the High Court and the case is being monitored by the High Court. From the F.I.R. and other materials, it is clear that the said College is being run in the rented house and there is no sufficient students in the College etc.

Having heard both sides and in view of the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail and also produce all the papers in support of her case before the learned court below and the learned court below will examine all the materials available on the record and will pass appropriate order without being prejudiced by the order of this Court, if possible on the same day.

Patna High Court Cr.Misc. No.8854 of 2017 (2) dt.06-03-2017 3/3 With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U