Smt. Manju Sharma v. The State Of Bihar Through The Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29695 of 2014 Arising Out of PS.Case No. -13 Year- 2005 Thana -C.B.I CASE District- PATNA ======================================================
1. Smt. Manju Sharma Wife of Shri Nirmal Kumar Sharma Resident of Alka Colony, Shandalpur, P.O. - Mahendru, P.S. - Bahadarpur, District and Town, Patna-800 001 .... .... Petitioner/s
Versus
1. The State of Bihar through the Vigilance .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51213 of 2014 Arising Out of PS.Case No. -13 Year- 2005 Thana -C.B.I CASE District- PATNA ======================================================
1. Kaushal Kumar son of Late Ishwar Chand Prasad, resident of villagePaijawapar, Near Kali Mandir, Ward No. 20, P.S.- Barh, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar through Vigilance, Patna. .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.29695 of 2014) For the Petitioner/s : Mr. Mrigank Mauli, Mr.Kumar Ravish & Mr. Arif Daula Siddiqui, Advocates For the Opposite Party/s :
Mr. Ramakant Sharma (L.O.(I/C Vig.) Mr. Rabindra Kumar, A.C. to Vigilance L.O.
(In Cr.Misc. No.51213 of 2014) For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C,Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for the offences punishable under Sections 420, 465, 467, 468,
Patna High Court Cr.Misc. No.29695 of 2014 (8) dt.24-04-2015 471, 477A, 120B of the Indian Penal Code and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act. The allegation is that Rs.14,00,000/ and odd was defalcated by Secretary, Kaushal Kumar of Uva Bahumukhi Rozajgar Kalyan Sansthan and Rs.4,50,000/- was defalcated by Manju Sharma, Secretary of Vindhya Washni Seva Sansthan.
Learned counsel for the petitioners submit that in paragraph- 22 to 82 of the case diary beneficiaries have stated that they received the benefit and learned counsel for petitioner Kaushal Kumar submits that Rs. 14,55,000/- are yet to paid. Considering the aforesaid facts, let the petitioner Kaushal Kumar be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-I, Patna in connection with Special Case No. 22 of 2005, Vigilance Case No. 13 of 2005, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
So far Manju Sharma of Vindha Wasini Seva Sansthan is concerned allegation is that Rs. 4,50,000/- paid and case diary shows that existence of it was not found, let the petitioner Manju Sharma be released on bail in the event of her arrest or surrender before the learned court below within a
Patna High Court Cr.Misc. No.29695 of 2014 (8) dt.24-04-2015 period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-I, Patna in connection with Special Case No. 22 of 2005, Vigilance Case No. 13 of 2005, subject to conditions as laid down under Section 438(2) of the Indian Penal Code as well as on deposit of Rs. 2,50,000/- in any account to be deposited in Court subject to result of the case.
(Gopal Prasad, J) P.K./- U T