Smt. Archana Sinha v. The State Of Bihar Through The C.B.I. Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37743 of 2023 Arising Out of PS. Case No.-2 Year-2020 Thana- C.B.I CASE District- Patna ====================================================== SMT. ARCHANA SINHA Wife of Parmanand Singh Resident of Aadarsh Vihar, Road No. 1, Ram Krishna Nagar, P.S. - Ram Krishna Nagar, Distt. - Patna - 800027 ... ... Petitioner/s
Versus
The State of Bihar through the C.B.I. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Nivedita Nirvikar, Sr. Advocate Mr. Awanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023
1. Heard learned counsel for the petitioner and learned Special Public Prosecutor for the C.B.I.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 120(B) and 420 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a women.
4. The informant alleges that the accused persons hatched criminal conspiracy and cheated the railway in the accidental death claim cases by opening new bank accounts of the claimant without relevant documents and the claimant was not even aware of the new back account in which the amount was credited.
Patna High Court CR. MISC. No.37743 of 2023(2) dt.17-07-2023 2/3
5. Learned counsel for the petitioner submits that petitioner is not named in the FIR and she is not an employee of the railway. It is further submitted that petitioner being wife of Parmanand Singh, who is related to Bidyanand Singh, an Advocate of the Railways, who is alleged to have hatched conspiracy in connivance with the named accused and committed the occurrence thus she came to be implicated as some amount was also found credited in her account. Learned counsel next submits that charge-sheet has been submitted and the C.B.I. never felt the need of arresting the petitioner as such no useful purpose would be served by sending the petitioner to jail specially when she is not named in the FIR and the trial is yet to commence.
6. Learned counsel for the C.B.I. vehemently opposes the prayer for anticipatory bail of the petitioner but is not able to meet the submission of the learned counsel for the petitioner that the C.B.I. never felt the need of arresting the petitioner during the course of investigation and the charge-sheet has been submitted.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.37743 of 2023(2) dt.17-07-2023 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Special Case No. 10 of 2020, Spl. Case No. 04/23 RC2(A) of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T