Vibha Singh @ Vibha Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49049 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================

1. Vibha Singh @ Vibha Sinha, Wife of Suman Kant Sinha,

2. Gayatri Devi @ Gayatri Sinha, Wife of Late Rameshwar Prasad Sinha, Both are Resident of Mohalla- Gas Godown Road, Saguna, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Shashank Jha For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 419, 420, 406, 409, 120B of the Indian Penal Code. The allegation against the petitioner is that they have assisted the main accused in defalcation of about Rs.02 crore from the GPF account of the various persons.

It has been submitted on behalf of the petitioners that whatever materials are on the FIR as well as in the case diary, it only shows that some amount has been transferred in the account of the petitioner no.1 and petitioner no.2 and later on, it was withdrawn and except that there is no any allegation that the

Patna High Court Cr.Misc. No.49049 of 2016 (3) dt.21-12-2016 2/2 petitioners are directly involved in defalcation and the petitioners are already in custody for about four months. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground of defalcation of money from the GPF account of various persons and there is direct evidence that the amount has been deposited in the account of petitioner no.1 and petitioner no.2.

Having heard both parties and in view of the fact that the petitioner no.1 is the wife and petitioner no.2 is mother of the main accused as well as the fact that the amount was deposited in their account but there is no evidence of their direct involvement with the alleged defalcation of money, let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of SDJM, Danapur in connection with Paliganj P.S.Case No.131 of 2015.

(Vinod Kumar Sinha, J) chn/- U T