IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15858 of 2010 MALTI SINHA W/O SRI RAMASHISH SINGH R/O MANOJ BHAWAN, MOHANPUR, PUNAICHAK, P.S. SHASTRI NAGAR, DISTRICT PATNA Versus THE STATE OF BIHAR THRU. VIGILANCE, PATNA. ----------- 2 7-5-2010 Heard learned counsel for the petitioner and learned counsel for the Vigilance Department, Government of Bihar. On behalf of the petitioner it has been submitted that she is wife of co-accused Ramashish Singh who is a public servant and is alleged to have amassed property beyond his known sources of income. It has been pointed out that in this case lodged in the year 2006, the investigating officer has filed a petition after three years on 29-12-09 for issuing non bailable warrant against this petitioner on the allegation that the investigating officer has come to the opinion that husband of the petitioner has invested his money in a school running by a Non Government Organization of which petitioner is treasurer. It has been submitted that petitioner is a lady and she has no control over the actions and inactions of her husband and there is no allegation to show that she has abetted the offence prior to its commission. Considering the entire facts and circumstances, it is found that the main allegation is against the husband of this petitioner and there appears to be substance in the submission that being a lady and wife of the main accused this petitioner probably could not have prevented the offence even if she wanted. In the facts of the case, the prayer for anticipatory bail is allowed. 2 Let the petitioner namely, Malti Sinha, in the event of her arrest/surrender within a period of six weeks from today 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 Special Judge, Vigilance-1, Patna in connection with Special case No. 20/06 subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. BKS/- (Shiva Kirti Singh, J.)