Smt. Sobha Sinha v. The Union Of India Through The C. B. I., Patna And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38547 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Smt. Sobha Sinha, D/o Ganga Prasad Sinha, Resident of Village & P.O.- Birnawan, P.S.-Warsaliganj, District-Nawada.

.... .... Petitioner/s

Versus

1. The Union of India Through The C. B. I., Patna

2. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar Karan For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in R.C. Case No. 1A of 2015 instituted for the offence under Sections-420, 471 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that other accused with similar allegation has been granted anticipatory bail by this court vide order dated 07-09-2017 passed in Cr. Misc. No. 39977 of 2017. Counsel for the petitioner has further submitted that the appointing authority, Maheshwar Ram, the Superintendent of Post Office was not charge sheeted.

Learned counsel for CBI has also submitted that after investigation, charge sheet has not been submitted against Maheshwar Ram, who is alleged to have made all these appointments. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.38547 of 2017 (4) dt.12-09-2017 allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with R.C. Case No. 1A of 2015 to the satisfaction of learned Special Judge, CBI-Ist, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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.

Learned counsel for CBI has returned the case diary of this case, which has been received by him by court's order dated 07-092017. (Sanjay Priya, J) A.K.V./- U T