Ranju Devi v. The State Of Bihar Through Vigilance Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16715 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Ranju Devi, W/o Sunil Kumar Pushpam, resident of Village- Purpathar, P.S.- Khodawandpur (Chhaurahi O.P.), District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar through Vigilance Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Khodawandpur P.S. Case No. 105 of 2017 instituted for the offence under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is not named in the First Information Report. He has been implicated in the case on the basis of conjecture and surmises. The petitioner at the relevant time was Mukhiya of Sahuri Gram Panchayat. The procedure of employment has been provided in Bihar Panchayat Prarambhik Shikshak (Niyojan and Seva Shart) Niyamawali-2012. As per clause II (ka) of the said 'Niyamawali', the Panchayat Secretary and nominated High
Patna High Court Cr.Misc. No.16715 of 2018 (2) dt.03-04-2018 2/3 school teacher are responsible for preparing merit list of the teachers.
It is alleged that Hon'ble Court vide order passed in CWJC No. 15459 of 2014, directed the Vigilance Bureau to make inquiry regarding academic certificates of the contract teachers appointed in between 2006 to 2015.
Learned counsel for the petitioner has submitted that co-accused persons namely, Kumar Rohit Raj and Ranjana Devi have already been granted anticipatory bail by this Court as well as coordinate Bench of this Court vide orders dated and 28.02.2018 passed in Cr. Misc. 60117 of 2017 and 12555 of 2018 respectively.
Learned counsel for the vigilance has appeared and opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khodawandpur P.S. Case No. 105 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Majhaul, Begusarai, subject to
Patna High Court Cr.Misc. No.16715 of 2018 (2) dt.03-04-2018 3/3 the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T