Mrs Vasudha Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27544 of 2023 Arising Out of PS. Case No.-2 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== MRS VASUDHA SINHA D/o Ashok Kumar Sinha Resident of Shri Nagar, P.S. - Masaurhi, Distt. - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The CBI, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Special Case No. 3 of 2021 arising out of RC Case No. 02(A) of 2021 for the offence punishable under sections 120B, 409, 420, 467, 468, 471, 477-A of the I.P.C. and 13(2) r/w section 13(1)(a) of Prevention of Corruption Act, 1988 lodged on 03.03.2021 by the informant, Shri Pawan Kumar Verma.
3. As per the prosecution story, the allegation is of misappropriation of money by the accused persons between the period 2017-2019 while posted at Lal Bahadur Shastri Nagar Post Office, Patna.
4. So far as this petitioner, Vasudha Sinha is
2/4 concerned, she was posted at the Lal Bahadur Shastri Nagar Post Office, Patna between 2017-2019 and as per the departmental enquiry, there is allegation of misappropriation of Rs. 6,50,330/- which the petitioner has brought on record by way of supplementary affidavit.
5. It is the contention of the petitioner that though she does not accept the allegation, is ready to deposit Rs. 6,50,330//-, will be co-operating in the investigation and diligently appearing in trial.
6. He further submits that some of the similar situate co-accused (Kumari Poonam) has been extended the privilege of anticipatory bail vide Cr. Misc. No. 25348 of 2022 on 01.02.2023.
7. Learned Counsel appearing on behalf of the CBI submits that there is allegation against her of misappropriation when she was posted between the year 2017-2019.
8. Though there is allegation against this petitioner, she is a lady, the FIR is there, she assured that she will be cooperating in investigation and diligently appearing in trial and do not have criminal antecedent, this Court is inclined to extend her the privilege of anticipatory bail subject to payment of Rs. 6,50,330/- with the Lal Bahadur Shastri Nagar Post Office,
3/4 Patna and the original receipt thereto has to be submitted before the Trial Court at the time of surrender. The document must show the mobile no. of the concerned authority of the Lal Bahadur Shastri Nagar Post Office, Patna so that the Trial Court could verify whether the actual payment has been made or not.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, 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, IInd, Patna, in connection with Special Case No. 3 of 2021 arising out of RC Case No. 02(A) of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) kiran/- U T