Deepa Rani Sahoo v. The State Of Bihar Through Dy. S.P.-Cum-Inspector Of Police Vigilance Investigation Department Patn
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28697 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================
1. Deepa Rani Sahoo, D/o Late H.K. Sahoo, resident of 103, Meena Apartment, Near Bazar Samiti Gate, P.S- Bahadurpur, Districct- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar through Dy. S.P.-cum-Inspector of Police Vigilance Investigation Department of Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shri Prakash Srivastava For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner, learned counsel for the vigilance and the State.
The petitioner apprehends arrest in Vigilance P.S. Case No. 77 of 2017 (Special Case No. 340 of 2017) instituted for the offence under Sections-420, 467, 468, 471, 472, 477(A), 120, 201 of the Indian Penal Code and Section 13(2) and 13 (1) (d) of the Prevention of Corruption Act.
Learned counsel for the petitioner has submitted that petitioner is not named in the written report. Her name has transpired during investigation as initially she was one of the members of the Appointment Committee. Petitioner has been transferred vide letter dated 30.06.2009 from Akbarpur Block to Gaya District Institute of Education and Training and in conformity of the order of transfer, the petitioner handed over the charge to B.E.O., Akbarpur. Petitioner has
Patna High Court Cr.Misc. No.28697 of 2018 (4) dt.20-06-2018 2/3 sent a letter to the District Superintendent of Education-cum-District programme Co-ordinator, Nawada on 21.01.2009, requesting therein that for counseling of 2nd phase teachers appointment, 10 piece of counseling registers be provided to the office of the petitioner, but the same was never provided to her by the District Superintendent of Education-cum-District Programme Co-ordinator, Nawada. It is further submitted that Renu Devi, who was the Chairman of the Appointment Committee, has already been allowed anticipatory bail by co-ordinate bench of this Court vide order dated 25.04.2018 passed in Cri. Misc. No. 18370 of 2018.
Counsel for the vigilance has submitted that name of the petitioner has come during investigation.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 340 of 2017 (Vigilance P.S. Case No. 77 of 2017) to the satisfaction of learned Special Judge, Vigilance-1st, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on
Patna High Court Cr.Misc. No.28697 of 2018 (4) dt.20-06-2018 3/3 two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) sushma/- U T