Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33699 of 2019 Arising Out of PS. Case No.-5 Year-2014 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Pushpa Devi, W/O Ram Prawesh Prasad, Resident of 303, Gayatri Complex, Friends Colony, Road No.-6, Ashiana Nagar, P.O. and P.S.- Rajeev Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Economic Offence Wing through its Superintendent of Police, Bihar at Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ravi Prakash, Advocate Mr. Sourav Suman, Advocate For the EOU :

Ms. Soni Srivastava, Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the Economic Offence Unit.

The petitioner, being the wife of the main accused, is roped in after investigation and thus apprehending her arrest in connection with Economic Offence P.S. Case No.05 of 2014 dated 28.01.2014 in Special Case No.21/2014 for allegedly having committed the offence under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988.

It is submitted on behalf of the petitioner that whatever may the allegations, she has no role to play and the provisions of Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988 are not made out against the petitioner as the ingredients are not present with regard to herself. Learned counsel for the petitioner further submits that the petitioner is an old lady and is suffering from several

Patna High Court CR. MISC. No.33699 of 2019(2) dt.22-05-2019 2/2 ailments and shall be seriously prejudiced if she is not granted the privilege of pre-arrest bail.

Having considered the entire facts and circumstances of the case and on perusal of the First Information Report, it appears that her name has not figured at the very outset in the F.I.R.

In the facts and circumstances, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Vigilance, 1st, Patna, in connection with Economic Offence P.S. Case No.05 of 2014 dated 28.01.2014 in Special Case No.21/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T