Nilima Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22417 of 2019 Arising Out of PS. Case No.-675 Year-2010 Thana- SASARAM NAGAR District- Rohtas ====================================================== Nilima Sinha K.K. Sinha Ex Child Development Project Officer Tilothu, P.S.- Tilothu, Distrct Rohtas at Sasaram A/P- Mogalpura, Jaggi-Ka- Chauraha, Nawab Bahadur Road, Nai, Sarak, P.S.- Khajekalan, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This is an application for grant of anticipatory bail in connection with Sasaram Tillothu P. S. Case No. 675 of 2010, disclosing offence under Section 409 of IPC.
As per F.I.R. there is allegation against the petitioner, who was the Child Development Officer and was under suspension that she has not handed over the several documents mentioned in the F.I.R. and the Sim of the mobile and other items have also not traced out.
Submission of the learned counsel for the petitioner is that as a matter of fact, she has made a complaint against the informant and due to that petitioner has been made accused in this case. The informant has himself assumed the charge and as such, there is no question of handing over the documents.
Patna High Court CR. MISC. No.22417 of 2019(5) dt.15-10-2019 2/3 Informant has already assumed the charge. Nothing is in her possession and she has also made a complaint to the District Magistrate as well as to the Commissioner but without considering the same, she has been suspended and later on removed from the service also. She has also challenged the order of dismissal by the authority concerned and the matter is still pending before this Court.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of two weeks from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. Rohtas/SDJM, Dehari Rohtas, in connection with Sasaram Tillothu P. S. Case No. 675 of 2010, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that she has to co-operate in the investigation and appear before the I.O. as and when required.
(Vinod Kumar Sinha, J) Sunil Shukla/-
Patna High Court CR. MISC. No.22417 of 2019(5) dt.15-10-2019 3/3 U T