Rinku Kumari v. The State Of Bihar Through Vigilence, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25126 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Rinku Kumari Wife of Anil Kumar Resident of Village Yarpur P.S. Hilsa, District - Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar through Vigilance, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Chandra Pandey, Advocate For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, who is a Panchayat Teacher, apprehends her arrest in connection with Special Case No. 65 of 2015, arising out of Vigilance P.S. Case No. 109 of 2015 registered for the offence punishable under Sections 420, 467, 468, 471, 477A, 192, 201, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
The prosecution case, as lodged by the Vigilance is that in pursuance to this Court's order relating to bungling on large scale for appointment of Panchayat Teachers, the present
Patna High Court Cr.Misc. No.25126 of 2016 (6) dt.16-08-2016 2/3 case has been instituted against the Mukhiya and others and also Panchayat Teachers regarding appointment of Panchayat Teachers. Large number of Panchayat Teachers had approached this Court when payment of salary was stopped and then it came to light that the appointment of large number of Panchayat Teachers were under cloud.
It has been submitted by the learned counsel for the petitioner that the present First Information Report has been lodged against large number of persons for illegal appointment of Panchayat Teachers and the case is still under investigation by the Vigilance. He submits that no specific allegation has been levelled against this petitioner and the petitioner undertakes to cooperate with the investigation and not to tamper with the evidence. He submits that the then Mukhiya and the present Mukhiya has also been granted the privilege of anticipatory bail in Cr. Misc. Nos. 18931 of 2016 and 20846 of 2016 vide orders dated 09.05.2016 and 10.08.2016 respectively.
However, learned counsel appearing on behalf of the Vigilance submits that the petitioner is named in the First Information Report and the matter regarding huge bungling in the appointment is under investigation, hence, vehemently opposes the
Patna High Court Cr.Misc. No.25126 of 2016 (6) dt.16-08-2016 3/3 prayer for bail.
Be that as it may, considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance 1st, Patna in connection with Special Case No. 65 of 2015, arising out of Vigilance P.S. Case No. 109 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
It is made clear that petitioner will remain physically present before the police/ Court as and when required and her failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of her bail bonds without being prejudiced by this order.
(Nilu Agrawal, J.) Arjun/- U T