Manisha Dayal @ Manisha @ Manish Dayal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75085 of 2018 Arising Out of PS. Case No.-307 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== MANISHA DAYAL @ MANISHA @ MANISH DAYAL WIFE OF JEEVAN VERMA, PERMANENT RESIDENT OF BADDARGHAT, P.S ALAMGANJ, PATNA CITY, DISTRICT PATNA AT PRESENT RESIDENT OF FLAT NO. 101 SNS SHEEL APARTMENT, TULSI PATH, WEST BORING CANAL ROAD, P.S S.K. PURI, DISTRICT PATNA. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate :
Mr. Nilesh Kumar, Advocate For the Opposite Party/s :
Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Rajiv Nagar P.S. Case No. 307 of 2018 registered for the offence punishable under Sections 420, 406, 409, 304/34, 120(B) of the Indian Penal Code. Informant is Executive Magistrate, Patna Sadar who had made a written complaint to the Officer-in-charge of Rajiv Nagar Police Station that on direction of the Sub Divisional Officer, Patna a detailed inspection of NGO Anumaya Human Resources Foundation, Ashraya Grih, Nepali Nagar, Rajiv Nagar, Patna, was made in which two Sambasini had died at
Patna High Court Cr.Misc. No.75085 of 2018(2) dt.14-12-2018 2/3 PMCH and inquest report was prepared and post mortem was also conducted as their death was under suspicious circumstances and both were brought dead in PMCH. Secretary of Organization told that organization is for Women and Girls who are mentally weak and Doctor Anshuman Priyadarshi and ANM Khushbu Kumari are deputed to take care of inmates of Ashray Grih and petitioner Manisha Dayal is Treasurer of the Organization. Informant has further alleged that due to negligence and not taking proper care two Sambasins died, although sufficient fund is granted by Social Welfare Department, Govt. of Bihar, to properly run the organization. In the written complaint the Informant recommended action against secretary Chitranjan Kumar, Treasurer Manisha Dayal, Doctor Anshuman Priyadarshi and ANM Khushbu Kumari which gave rise to Rajiv Nagar P.S. Case No. 307 of 2018 instituted under Sections 420, 406, 409, 304/34 and 120B of IPC.
It has been submitted that Ashray Grih was directly under the control of District Welfare Officer and same was regularly visited by the authorities and no irregularity was ever found. However, without their consent 15 Sambasins were shifted in the Ashray Grih from other districts on 01.08.2018
Patna High Court Cr.Misc. No.75085 of 2018(2) dt.14-12-2018 3/3 without any medical report or written information which included the two girls who died due to serious illness. Petitioner is Treasurer of NGO and is not concerned with day to day affairs of the NGO. Petitioner has got no criminal antecedent and is in custody since 13.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge III cum A.C.J.M., Patna, in connection with Rajiv Nagar P.S. Case No. 307 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and her absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel her bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) veena/- U