Hira Kumari v. The State Of Bihar Through Vigilance Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21142 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Hira Kumari wife of Ashok Kumar Bag, Child Development Project Officer, Kateya, P.S. Kateya, District- Gopalganj .... .... Petitioner

Versus

The State of Bihar through Vigilance Department .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Naresh Chandra Verma, Advocate. For the Opposite Party : Mr. Ramakant Sharma (I.C.Vig)) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the Vigilance.

In this application for anticipatory bail the petitioner apprehends her arrest for the offences punishable under sections 420, 467, 468, 471 and 120 B of the I.P.C and section 13 (2) read with section 11 (1) (d) of the Prevention of Corruption Act. Allegedly, the petitioner being the Child Development Project Officer appointed another lady as Angan Bari Sevika having lower marks in the merit list after taking bribe in collusion and conspiracy with other co-accused.

Submission is of false implication and that the entire

Patna High Court Cr.Misc. No.21142 of 2015 (3) dt.30-07-2015 2/3 allegation is imaginary. The complainant is a leader of ruling party and he tried his best to get her daughter-in-law, namely, Indu Gupta appointed on that post but at the time of selection of Angan Bari Sevika Smt. Indu Gupta was secretary in the Gram Kachahari and was on honorarium and as per direction of the Government she was not entitled for appointment on the post of Angan Bari Sevika and as such the candidate who was at serial no. 2 was appointed as per resolution of the Gram Sabha. The appointment done by the petitioner was challenged before the superior authority but prayer of Indu Gupta was rejected by the superior officer also and as such the petitioner deserves sympathetic consideration, to which the learned counsel for the Vigilance opposes by submitting that investigation is still going on.

Considering the aforesaid submission and noticing that the appointment done by the petitioner was not found illegal by the superior authority before whom appeal was filed by Smt. Indu Gupta and further considering that as per resolution of Gram Sabha the appointment was made and as such the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Special

Patna High Court Cr.Misc. No.21142 of 2015 (3) dt.30-07-2015 3/3 Judge Vigilance (North Bihar), Muzaffarpur in Special Case No. 59 of 2014/Patna Vigilance P.S. Case No. 62 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T