Smt. Rukhsana Khanam @ Rokhsana Khanam v. The State Of Bihar Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54841 of 2017 Arising Out of PS. Case No.-3 Year-2011 Thana- VIGILANCE District- Patna ====================================================== Smt. Rukhsana Khanam @ Rokhsana Khanam, D/o Md. Nezamuddin Khan, R/V- Piro, P.S.- Piro, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar through Vigilance Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Ramakant Sharma(L.O.,I/C. Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Special case no. 2 of 2011, vigilance case no. 3 of 2011 instituted for the offence under Section(s) 120B, 420, 467, 468, 471, 477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

Learned counsel for the petitioner has submitted that one Parvej Akhatar @ Md. Parwez Akhtar who is brother of the petitioner was also appointed in the same manner and later on his appointment was also cancelled as of this petitioner. Learned counsel submitted that the Parvej Akhatar @ Md. Parwez Akhtar has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.02.2016

Patna High Court Cr.Misc. No.54841 of 2017(5) dt.06-02-2018 2/3 passed in Cr. Misc. No. 38687 of 2015 (Annexure-5). Learned counsel for the petitioner has further submitted that Alim Jung Khan has also been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 16.8.2011, passed in Cr. Misc no. 23819 of 2011 (Annexure-3) who is alleged to have issued the appointment letter.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Special case no. 2 of 2011, Vigilance case no. 3 of 2011, 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 the learned Special Judge-Vigilance-I, Patna, subject to 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 absence on 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

Patna High Court Cr.Misc. No.54841 of 2017(5) dt.06-02-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T