Kiran Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49022 of 2016 Arising Out of PS.Case No. -248 Year- 2016 Thana -BEUR District- PATNA ======================================================

1. Kiran Jha Wife of Anil Sulabh, resident of Mohalla- Maha Laxmi Bhawan, P.C. Colony, P.S.- Kankarbagh, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Sarvan Kumar. Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Sections 406, 467, 468, 471 and 120(B)/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner's name has come in this case only because she happens to be the wife of one Anil Sulabh (co-accused) and Director of the Indian Institute of Health Education, Beur run by the Manav Manavi Samaj Kalyan Samiti and she being a lady, has not been actively involved in the affairs of the said institute. The allegation that the institute has no affiliation, is completely

Patna High Court Cr.Misc. No.49022 of 2016 (3) dt.22-12-2016 2/3 baseless as the institute has permanent affiliation, granted by the State of Bihar and further the allegation that the institute had not conducted any examination within the last three years, for that the petitioner's institute cannot be held responsible as for conducting the examination, it is the university that can be held responsible. Petitioner having no criminal antecedent, languishing in judicial custody since 21.09.2016 without any fault on her part. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that petitioner only happens to be the Director of the said institute and she being a lady, is not actively looking after the affairs of the said institute and also she has been in judicial custody since 21.09.2016, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Sabita Rani, learned Judicial Magistrate Ist Class, Patna in connection with Beur P.S. Case No. 248 of 2016.

This is subject to the condition that one of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court and shall present herself before the police/Court, as the case may be, as and

Patna High Court Cr.Misc. No.49022 of 2016 (3) dt.22-12-2016 3/3 when required and in the event of failure on her part to appear before the Court on two consecutive occasions, without assigning any genuine reasons her bail bond shall be liable to be cancelled. .

(Vinod Kumar Sinha, J) sunil/- U T