Jharkhand High Court
Smt Usha Tigga vs The State Of Jharkhand Through ... on 6 December, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3026 of 2016
Smt. Usha Tigga ..... Petitioner
Versus
The State of Jharkhand, through the Vigilance ..... Opposite Party
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CORAM
HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner: Mr. Rahul Kumar
For the State: Mr. T.N.Verma, Spl. P.P
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06/06.12.2016Heard learned counsel for the parties.
The petitioner apprehending her arrest in connection with the case registered under Sections 409/406/420/467/471/109/120(B) IPC, Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act has prayed for grant of anticipatory bail.
The prosecution case, in brief, is that although 80 Acres of land appertaining to Thana No. 17, Anchal - Khelari, District - Ranchi, Khata No. 84, Plot No. 189 is Gair Majaruwa Land, but its 1/4th portion i.e an area of 20 Acres has been illegally recorded by creating illegal Jamabandi on the basis of forged Hukumnama dated 15.04.1942 in the name of Rama Nand Tikmani. The allegation against the petitioner is that she being the Revenue Karamchari had issued rent receipt for the year 1984-85 to 10-11 and for the year 2005-06 to 11-12.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner as a Revenue Karamchari was duty bound to collect rent, unless there was specific order of any competent authority. She had only issued one rent receipt for the year 2010-11 and another rent receipt dated 16.08.2011 was not issued by her. The L.R.D.C, Ranchi vide his order dated 01.03.2013 in Misc. Case No. 6/2012-13 had dismissed the appeal filed by the State for cancellation of the said Jamabandi. The petitioner being a Tribal lady deserves the privilege of anticipatory bail.
Learned Spl. P.P opposed the petitioner's prayer for bail by filing counter affidavit. It has been submitted that the petitioner, the then Revenue Karamchari, Khelari Circle, was the custodian of Register-II, but she issued rent receipt for twenty five years at a time. The investigation reveals that no Jamabandi of 20 Acres of land of Plot No. 189 under Khata No. 84 of Village - Hoyer under Khelari Circle was opened vide Jamabandi Case No. 27 R 8 of year 1956-57. The petitioner had willfully issued rent receipt No. 5027425 on 27.12.2010 in the name of Ramanand Tikmani for 25 years at one time without just and proper ground and verifying Register- II. Thus, the petitioner abused her official position as revenue Karamchari to facilitate wrongful gain to co-accused Laxman Prasad Tikmani. The petitioner being a Government servant does not deserve the privilege of bail.
Having considered the facts and circumstances of the case and also the allegation against the petitioner, I am no inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail of the above named petitioner is, accordingly, rejected.
Satish/- (ANANT BIJAY SINGH, J)