Anita v. The State Of Bihar Through Vigilance, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26015 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================
1. Anita, wife of Mr. R.P. Sinha, Hindi Department, J.P. University, Chapra, at present resident of Mohalla- Kadamkuan, Opp. Aangan Apartment, P.S.- Kadamkuan, District- Patna.
.... .... Petitioner/s
Versus
1. The state of Bihar through Vigilance, Bihar, Patna ... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L/O(I.C.Vig)) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 Heard learned counsel for the petitioner and learned counsel for the Vigilance.
The petitioner is apprehending her arrest in a case instituted under Sections 409, 420, 467, 468, 471, 477(A)/34 and 120-B of the Indian Penal Code and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act.
The allegation against the petitioner and other coaccused including Vice Chancellor is that under a criminal conspiracy without inviting any tender approved the quotation of Chandra Prabha Universal Pvt. Ltd. (CUPL). The new firm of Allahabad (U.P.) for purchasing answer books on higher rate with a view to provide wrongful benefit to CUPL and conspired to misappropriate government money by forging records and violating Government Rules and Financial Regulation and caused loss of Government revenue to the tune of Rs. 1,44,00,000/-.
Patna High Court Cr.Misc. No.26015 of 2015 (3) dt.17-07-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner is a member of Purchase Committee and due to mistake of fact, she has been made accused in the present case. It is further submitted that specific allegation has been made against the Vice Chancellor of the University, who had taken final decision in the matter. It is also submitted that co-accused, Vice Chancellor has already been granted anticipatory bail by a bench of this Court in Cr. Misc. No.24474 of 2015.
On behalf of the Vigilance, it is submitted that there is mis-appropriation of fund in purchase of answer books by the University.
Considering the aforesaid fact that co-accused has been granted anticipatory bail , let the above named petitioner, in the event of her arrest or surrender in the court below within a period of four weeks, 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 learned Special Judge, Vigilance Cases, Muzaffarpur, in connection with Special Case No. 03 of 2015, arising out of Vigilance P.S.Case no. 10 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T