Vijay Laxmi Singh v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47181 of 2015 Arising Out of PS.Case No. -56 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Vijay Laxmi Singh wife of Vijay Pratap Singh Resident of Village- Ram Gulam tola P.s Deoria District Deoria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner being the wife of one Vijay Pratap Singh who is an accused in Special CaseNo.35 of 2013 arising out of Vigilance P.S. Case No.56 of 2013 for the offence under Section 13(2) read with Section 13(1) (E) of the Prevention of Corruption Act, 1988 and Sections 109,120(B) of the I.P.C.is apprehending her arrest in the aforesaid case. Learned counsel for the petitioner submits that the allegations against the husband of this petitioner have been investigated and charge sheet has been filed. So far this petitioner is concerned, the sole allegation against her is that she has filed a false income tax return without having any income merely with

Patna High Court Cr.Misc. No.47181 of 2015 (3) dt.21-12-2015 2/2 intent to cover up the additional income of her husband. Learned counsel for the petitioner submits that charge sheet has already been filed on behalf of the petitioner but admittedly she is not a government servant.

Considering the nature of allegation made against the petitioner and she has no criminal antecedent, let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in Special Case No.35/13 arising out of Vigilance P.S. Case No.56/13 subject to the conditions as laid down under Section 438(2) of Cr.P.C. It is made clear that the petitioner shall make herself available as and when required before the court below and in case she fails to appear before the court below on two consecutive dates, the court below will be at liberty to take appropriate steps in this regard.

(Anjana Mishra, J) AnilKrSinha/- U