Nandita Das v. The State Of Bihar Through Central Buero Of Investigation, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22684 of 2015 Arising Out of PS.Case No. -11 Year- 2012 Thana -C.B.I CASE District- PATNA ====================================================== Nandita Das Wife of Bibhesh Chandra Das, resident of 77 Arad Colony, P.S. K. Hat, District - Purnia .... .... Petitioner
Versus
1. The State of Bihar through Central Bureau of Investigation, Patna
2. S.P. A.C.B. (Anti Corruption Bureau), CBI, Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate Mr. Vikram Singh, Advocate For the Opposite Parties : Mr. Sanjay Kumar, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2016 Heard learned Senior Counsel for the petitioner and learned counsel for the CBI.
2. This is the petitioner's second attempt for grant of anticipatory bail for the offences alleged under Sections 120B, 409, 467, 420, 468, 471, 477A of the Indian Penal Code and 13(2) read with 13(1) (c) and (d) of the P.C. Act in connection with Special Case No. 06 of 2012 (R.C. Case No. 11(A) of 2012) having earlier been rejected by the orders of this Court on 12.09.2014 in Cr. Misc. No. 50530 of 2013.
3. Mr. N.K. Agrawal, learned Senior Counsel appearing on behalf of the petitioner submits that the thrust of accusation of misappropriation and defalcation were against the petitioner's husband whose anticipatory bail had also been rejected by this Court by a common order along with the petitioner. Thereafter the petitioner's husband surrendered and was granted provisional regular bail by this Court in its order dated 04.03.2015 in Cr. Misc. No. 43389 of 2014 to be confirmed upon deposit of the remaining
Patna High Court Cr.Misc. No.22684 of 2015 (5) dt.13-07-2016 balance out of Rs. 17,72,853/- by the petitioner. It is further stated that the requisite amount has since been deposited and the provisional bail granted to the petitioner's husband stood confirmed as evident from the order sheet dated 04.05.2015 passed by the learned Special Judge, CBI-I, Patna.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, CBI-I, Patna, in connection with Special Case No. 06 of 2012 (R.C. Case No. 11(A) of 2012) subject to the conditions as laid down under Section 438 (2) Cr.P.C., with additional condition that the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled by the Court concerned.
(Vikash Jain, J) Chandran U T