IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12086 of 2010 SADHNA @ SADHANA JHA w/o Shantanu Kumar Singh, Resident of Nandan Bhawan, Belan Bazar, Munger, at present residing at Shiv Ganga Apartment,Ambedkar path, Bailey Road, P.S. Rajiv Nagar, Dist. Patna. Petitioner Versus STATE OF BIHAR Opp.Party ----------- With Cr. Misc. No. 12463 of 2010 Shantanu Kumar Singh , resident of Nandan Bhawan, Belan Bazar At Present Shiv Ganga Apartment, Flat No.203,AmbedkarPath, BaileyRoad, P.S. Rajiv Nagar, Patna. Petitioner Versus The State of Bihar Opposite party. ---------- For the petitioners : Mr. Abhay Kumar Singh, Advocate. For the Informant : Mr. Arbind Kr. Singh, Advocate For the State : Mr. Jitendra Kr. Singh, A.P.P. -------- 3 13.5.2010 Heard the parties including the learned counsel appearing on behalf of the informant in both the cases. In a criminal prosecution for offences under sections 406, 420, 470, 471 and 120 B of the Indian Penal Code petitioner Shantanu Kumar Singh is named in the FIR as an accused , whereas petitioner Sadhana @ Sadhana Jha is not specifically named in the FIR as an accused. According to the prosecution case, petitioner Shantanu Kumar Singh was working as Desk clerk at Prema Lok Mission School . The informant happens to be the Principal of that school. It is alleged that petitioner - 2 - Shantanu Kumar Singh has removed several documents of the school like cheque books, admission register, letter head, receipt books and papers regarding lands, and despite demand those documents and papers were not returned to the Principal, as a result of which he was removed from service of the school in November, 2008. Vague allegations have been made in the FIR that he has defalcated huge amount of money in lakhs. Learned counsel appearing on behalf of the petitioner Shantanu Kumar Singh submits that as a matter of fact he is the own nephew of the informant and he was not employee of the school rather he is a practicing advocate of this Court. It is claimed that because of close relationship between the petitioner Shantanu Kumar Singh and the informant, he had invested huge money of Rs.56,00,000/- for the development of the school and after some time aforesaid money was returned to him through a cheque, which was dishonolured by the bank ,where after he sent a legal notice to the informant and thereafter he filed a criminal case against the Principal of the school, who is informant of this case. It is submitted on behalf of the petitioner Sadhana @ Sadhana Jha that she is not named in the FIR as accused and she - 3 - has been roped in the present case mainly on the ground that she happens to be wife of petitioner Shantanu Kumar Singh. It is further submitted that in the FIR even suspicion has not been raised against petitioner Sadhana @ Sadhana Jha. Learned counsel appearing on behalf of the informant has strongly opposed the prayer for anticipatory bail made on behalf of the petitioners. It is urged that according to own pleadings of the petitioner Shantanu Kumar Singh, he was lookingafter the affairs of the school and for that he was getting Rs. 3,000/- per month towards miscellaneous expenses. By referring to certain documents brought on record through the counter affidavit, it is stated that within a short span of time he deposited huge amount of money in the bank account and also purchased a flat on Bailey Road at Patna. These all go to show that, in fact , after defalcating huge amount of money of the school he has misappropriated the entire amount for his own benefits. However, learned counsel for the informant has fairly conceded that petitioner Sadhana @ Sadhana Jha was not named in the FIR, but some material has come against her also during the course of investigation which shows that she was in league with the petitioner Shantanu Kumar Singh, being his wife. - 4 - Taking into consideration the submissions advanced on behalf of the parties, it is apparent that both sides are closely related to each other and there was some business relationship between the petitioner Shantanu Kumar Singh at one hand and the informant on the other , with respect to the affairs of the school in question and because of certain dispute both sides have filed cases against each other which all have been brought on record either in the main petition or in the counter affidavit filed on behalf of the informant. In view of the controversy raised by the parties, it is expedient that the statement of petitioner Shantanu Kumar Singh is recorded by the I.O. of the case for coming to a right conclusion. Admittedly till date neither the statement of the petitioner has been recorded by the I.O. nor charge sheet has been submitted in the present case. In view of the aforesaid circumstances, interest of justice would be sub-served by allowing the anticipatory bail petition of the petitioner Shantanu Kumar Singh till submission of charge sheet. Accordingly in the event of his arrest or surrender in the court below within a period of four weeks from today, petitioner Shantanu Kumar shall be released on bail on furnishing - 5 - bail bond of Rs. 25,000/- (twenty five) with two sureties of like amount each to the satisfaction of C.J.M., Patna in connection with Gopalpur P.S. Case no.15 of 2009, subject to the condition laid down under section 438 (2) Cr.P.C. till submission of charge sheet in the present case and subject to further condition that one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. The petitioner Shantanu Kumar Singh would be obliged to make himself readily available for the statement to be recorded by the I.O. However on close of investigation , if charge sheet is submitted against him, then in that case he will be obliged to surrender in the court below and seek regular bail, if so advised. So far petitioner Sadhana @ Sadhana Jha is concerned, admittedly she is not named in the FIR and her complicity in the crime in question appears to have transpired during the course of investigation, because of her relationship with petitioner Shantanu Kumar Singh, in that view of the matter, in the event of her arrest or surrender in the court below within period of four weeks from today, she shall be enlarged on bail on - 6 - furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of like amount each to the satisfaction of C.J.M, in connection with Gopalpur P.S. case N o. 15 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition that one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman