Allowed

Asha Devi v. The State Of Bihar Through Economic Offence Unit, Govt. Of Bihar, Patna

Patna HC5 May 2016CR. MISC./19934/2016

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail to a woman charged under the Prevention of Corruption Act and IPC for disproportionate assets. The court allowed release on furnishing a bail bond and two sureties, subject to specific conditions regarding bond cancellation to. Avoid arrest in the underlying economic offence case pending investigation. Prevent corruption and protect women offenders

What did the court decide?

Granted anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna.

Asha Devi Vs The State Of Bihar Through Economic Offence Unit… — Corruption | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19934 of 2016

¶2

Arising Out of PS.Case No. -7 Year- 2013 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== 1. Asha Devi W/o Nageshwar Sharma, R/o Village- Ratanpur, P.S.Daudpur, District- Aurangabad, at present R/o Radhika Niwas, Road No. 2, Adarsh Vihar Colony, Rukanpura, P.S.- Rupaspur, District- Patna .... .... Petitioner/s Versus 1. The State of Bihar through Economic Offences Unit, Govt. of Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. B. P. Pandey, Sr. Advocate For the E.O.U. : Mr. Akhileshwar Pd. Singh (Sr. Advocate ) Mr. Rajeev Ranjan Prasad, Advocate

¶3

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

¶4

2 05-05-2016 Heard learned Senior counsels for the petitioner and the E.O.U. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 109, 120B of the Indian Penal Code and under sections 13(2)/ 13(1)(e) of the Prevention of Corruption Act.

¶5

The husband of petitioner, Nageshwar Sharma, Executive Engineer, P.H.E.D., Samastipur was charged for acquisition of disproportionate assets worth Rs. 4,20,61,036/disproportionate to his known sources of income. The property has been acquired by the public servant in his name, in the name of his

¶6

Patna High Court Cr.Misc. No.19934 of 2016 (2) dt.05-05-2016

¶7

2/3

¶8

wife, his father and children. The petitioner is wife of the public servant.

¶9

It is submitted by the learned Senior counsel for the petitioner that the petitioner purchased the property through his streedhan. Moreover, the investigation has already been concluded and petitioner has been charged under sections 109, 120B of the IPC.

¶10

It is submitted by Sri Akhileshwar Prasad Singh, learned Senior counsel appearing for the E.O.U., that the public servant, Nageshwar Sharma, purchased property in the name of petitioner also and in spite of notice issued to the petitioner, she failed to explain the acquisition of property in her name.

¶11

Considering the fact that petitioner is a lady, thrust of accusation is against the husband of petitioner and the investigation has already been concluded, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-I, Patna in connection with Economic Offence P.S. Case No. 07 of 2013 subject to the conditions as laid down under Section 438(2)

¶12

Patna High Court Cr.Misc. No.19934 of 2016 (2) dt.05-05-2016

¶13

3/3

¶14

Cr.P.C.

¶15

The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions.

¶16

(Dinesh Kumar Singh, J)
BKS/-
U T

Asha Devi v. The State Of Bihar Through Economic Offence Unit, Govt. Of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Asha Devi v. The State Of Bihar Through Economic Offence Unit, Govt. Of Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravij Alam Vs The State Of Bihar

Chhathu Sah and Anr. Vs The State Of Bihar

Shankar Choudhary and Ors. Vs The State Of Bihar

Tanuk Saday and Ors. Vs The State Of Bihar

Jai Prakash Pandit @ Jai Prakash Padit Vs The State Of Bihar

Sabita Devi Vs The State Of Bihar