Kanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41425 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

KANTI KUMARI Wife of Sachidanand Sinha 2.

Sachidanand Sinha Son of late Somar Mahto Both Resident of Village- Lachchu bigha, P.S.- Nagarnausa, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation bureau through its S.P., Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nagarnausa P.S. Case No. 46 0f 2018, disclosing the offence under Sections 406, 467, 468, 471, 420 and 120B/34 of the Indian Penal Code.

The petitioner No. 1 is said to have worked as teacher of Sri Pachrang Baba Primary and Middle School, Lachoo Bigha, Nalanda, and received salary to the tune of Rs.9348/-, despite the fact, that she was not having the basic qualification to work as teacher. Allegedly, she had managed her appointment on the influence of her husband, petitioner No. 2.

Learned counsel for the petitioners has submitted that the

Patna High Court CR. MISC. No.41425 of 2019(4) dt.27-09-2019 2/2 amount of the petitioner No. 1 which is alleged to have illegally withdrawn as salary, has been deposited by them. He has also argued that petitioner No. 1 has now acquired the qualification. He has also been argued that in many events, there is no chance of the petitioners absconding from the court of investigation or trial. Considering the above, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, in connection with Nagarnausa P.S. Case No.

46 0f 2018,, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T