Patna High CourtCR. MISC./45519/2018dismissed

Usha Kumari v. The Union Of India Through Superintendent Of Police, CBI, Acb, Patna

2018-08-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45519 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== Usha Kumari, W/o Sri Arum Kumar, Resident of House NO. 358, Shanti Bihar Colony, Rajeev Nagar, Road No. 26, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

The Union of India through Superintendent of Police, CBI, ACB, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Bipin Kumar Sinha (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the CBI.

Petitioner apprehends her arrest in CBI/ACB/Patna P.S. case no. RC0232018A0005 instituted for the offence under Section(s) 120B,420, 467, 468, 471 and 474 of the Indian Penal Code.

It is alleged that this court by order dated 28.10.16 passed in CWJC No. 12010 of 2011 has directed the Superintendent of police, Central Bureau of Investigation, Patna to conduct thorough enquiry with regard to irregularity in the appointment of panchayat Teacher. The petitioner has filed C.W.J.C.No. 12010 of 2011 challenging the order dated 15.1. 2011 passed by the District Teacher Employment Appellate Tribunal, Patna and has made prayer to direct the respondents,

Patna High Court Cr.Misc. No.45519 of 2018(2) dt.13-08-2018 2/2 particularly, the respondent no.9 to permit her to continue as Teacher in her school and and make payment of salary. Learned counsel for the C.B.I. has conducted preliminary enquiry which is part of the FIR (Annexure-1), wherein, it is mentioned, in detail about several irregularities committed by this petitioner in getting appointed as Panchayat Teacher. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T