Dr. Manisha v. The Union Of India, Ministry Of Finance Through The Director Enforcement Directorate, Lok Nayak Bha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60631 of 2018 Arising Out of PS. Case No.-20 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Dr. Manisha W/o Kumar Pratik , R/o C/o Y. K. Jaiswal House No. 27, Shivpuri, Professors Colony Road, P.S.- Shastri Nagar, Patna-800023. ... ... Petitioner

Versus

1. The Union of India, Ministry of Finance through the Director Enforcement Directorate, Lok Nayak Bhawan, 7th Floor, Khan Market, New Delhi-110001.

2. A.K. Choudhary, Assistant Director, Directorate of Enforcement, Govt. of India, 1st Floor, Chandpura Place, Bank Road, West , Gandhi Maidan, Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar,Advocate For respondent (UOI) :

Mr. S. D. Sanjay (Addl. Soc. Gen.) Mr. Rajesh Kumar Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned Senior Counsel for Union of India.

The petitioner seeks pre-arrest bail in connection with Special Trial No. (PMLA) 2 of 2017(Ref: ECIR No.20/PAT/2012 dated 06.12.2012) under Section 4 of the PMLA, 2002.

It is submitted by the learned counsel for the petitioner that an FIR was instituted under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 against the father-in-law of the petitioner in which upon completion of investigation, the petitioner and her husband were made accused

Patna High Court Cr.Misc. No.60631 of 2018(3) dt.11-12-2018 2/2 and on completion of investigation, they were sent up for trial. As far as the petitioner is concerned, in the said case investment in her name was shown to the extent of Rs.1,60,386/ only. She has already been granted bail in that case. However, even before the completion of trial of the said case, Enforcement Directorate has instituted the instant complaint, which is bad in law. Mr. S. D. Sanjay, learned Senior Counsel appearing for Union of India has opposed the application for grant of prearrest bail to the petitioner. Considering the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in Special Trial No. (PMLA) 2 of 2017(Ref: ECIR No.20/PAT/2012 dated 06.12.2012), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T