Renu Priya And ORS v. The State Of Bihar Through The Vigilance, Investigation Bureau, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1801 of 2017 Arising Out of PS.Case No. -305 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Renu Priya, W/o Shailesh Kumar, R/o Kurkuri, P.O. + P.S. Phulwarisharif, District-Patna, at Serial No. 13
2. Sapna Sinha, D/o Krishna Murari Prasad, R/o Mansila Path, Krishna Nagar, Police Station-Kankarbagh, District-Patna, at Serial No.2
3. Satish Kumar, S/o Sant Lal Singh, R/o Village- Kharanua, Police station-Masaurhi, District-Patna, at Serial No.26
4. Shishir Kumar Ranjan, S/o Shri Shyam Bihari Singh, R/o Village- Cheriyari, Police Station-Makhdumpur, DistrictJehanabad, at Serial No.22
5. Dharmendra Kumar, S/o Kameshwar Singh, R/o VillageSaikhna, Police Station-Halsi, District-Lakhisarai, at Serial No. 23
6. Raj Kumar, S/o Shri Ganesh Prasad, R/o Baliyari, P.S.- Masaurhi, District-Patna, at Serial No. 4 .... .... Petitioners
Versus
The State of Bihar through the Vigilance, Investigation Bureau, Bihar, Patna .... .... Opposite Party ============================================== Appearance :
For the Petitioners : Mr. Shailesh Kumar, Advocate Mr. Subhash Prasad Yadav, Advocate For the Opposite Party : Mr. Ramakant Sharma (L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and learned counsel for the Vigilance.
The petitioners apprehend their arrest in Jehanabad P.S. Case No. 305 of 2015 instituted for the offence under Sections 420, 467, 469 and 471 of the Indian Penal Code.
2/4 It is alleged against these petitioners that these petitioners joined at two schools on two different places and got financial benefit from both the places.
It has been submitted on behalf of the petitioners that they never took salary from two places. They got joining letters from two schools but after resigning from one school, they joined in another school. In this respect statement has been made by the petitioner no.1 in paragraph-7 to 9 of the bail petition that she was initially appointed as a Zoology Teacher in G.P.V Krishn Ashram School, Sikariya, Jehanabad and after resigning from that school on 30.01.2014, she joined at Giriraj Kumar High School, Masaurhi on 31.01.2014. Similarly with respect to petitioner no.2, it has been mentioned in para-10 of the bail petition that she was initially appointed as an Accountancy Teacher on 27.01.2014 and after receiving another joining letter, she joined at Ganesh Uccha Vidayalaya, Bakhtiyarpur on 06.02.
2014, after resigning in Gandhi Smarak Inter School, Jehanabad on 03.02.2014. Similarly with respect to petitioner no.3, it is mentioned in para-12 of the bail petition that he never joined in any school except Girija Kuwar Secondary School, Masaurhi, while he received two joining letters, one is Onkari High School and second is Gandhi Asmarak High School, Jehanabad.
3/4 the bail petition with respect to petitioner no.4 that he initially joined as a Geography Teacher at High School, Onkari, Jehanabad on 31.12.2013 but he resigned from said post on 31.01.2014. Thereafter he joined at Smt. Girija Kuer High School, Masaurhi on 31.01.2014 as a Geography Teacher. Statement has been made in para-14 of the bail petition with respect to petitioner no.5 that he got joining letter and as per joining letter dated 12.12.2013, he joined as a Geography Teacher in GPV Krishna Ashram School, Sikariya, Jehanabad on 21.12.2013 but later on he resigned from that school on 29.01.2014. Thereafter petitioner no.5 joined at Ganesh High School, Bakhtiyarpur on 30.01.2014. It has further been stated in para-15 of the bail petition with regard to petitioner no.6 that he after getting joining letter dated 25.11.2013 joined as a Sociology Teacher on 20.12.2013 at Gandhi Asmarak Inter School, Jehanabad but after receiving another joining letter dated 29.01.2014, he joined at Smt. Girija Kuer High School, Masaurhi on 30.01.2014.
In this manner, counsel for the petitioners has submitted that they never received salary from two Schools rather they received salary only from one school at one place. The learned counsel for the vigilance does not contradict such statement made by these petitioners in the bail
4/4 petition, which is also supported by documents filed as different annexure, which has been pointed out by the counsel for the petitioners.
In the circumstances, prayer of the petitioners for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jehanabad P.S. Case No. 305 of 2015, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Sanjay Priya, J.) ravi/- U T