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Patna High CourtCR. MISC./39056/2020bail granted

Reeta Sinha @ Reeta Singh v. The State Of Bihar

2021-06-01Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39056 of 2020 ============================================= Reeta Sinha @ Reeta Singh, Female, aged about 46 years, wife of Manoj Kumar Singh, resident of Khiriya Ghat, P.S. Bairiya, District-West Champaran at Bettiah, permanent address villageBabupur, P.S. Warisnagar, District-Samastipur --------- Petitioner

Versus

The State of Bihar --------- Opposite Parties ============================================= Appearance:- For the Petitioner:- Mr. Bijay Bhushan Prasad, Advocate For the State :- Dr. Ajeet Kumar, APP ============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2. 01.06.2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Dr. Ajeet Kumar, learned A.P.P. for the State. The petitioner apprehends her arrest in connection with Bairiya P.S. Case No.372 of 2018 for the offence registered under Sections 420, 406, 467, 468, 471 and 504 of the Indian Penal Code.

The allegation is regarding the accused persons having taken money from the informant and other persons with the promise to provide them jobs on different posts. The petitioner is stated to be the wife of one co-accused person namely Manoj Kumar Singh, who is stated to be the State Coordinator of the Child Security Project. It is also alleged that the accused persons had promised the informant and others to provide them jobs in the various Child Security Projects. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that there is no chit of paper to show that the petitioner has received

any money from the informant or other persons in lieu of the promise to provide job. It is further submitted that similarly situated co-accused person namely Natho Tiwary has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 30.09.2019 passed in Criminal Misc. No. 44665 of 2019.

Per contra, the learned A.P.P. for the State Dr. Ajeet Kumar has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of eight

weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Bairiya P.S. Case No. 372 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/-