Anant Bijay Singh, J. - (1.) Two petitioners namely Sandip R. Dey @ Sandeep Rabindranath Dey and Shiva Fransis @ Sheeba Francis Dey have filed this anticipatory bail as they are apprehending their arrest in connection with Topchanchi P.S. Case No. 16 of 2016, dated 03.02.2016 registered under Sections 304, 467, 468, 406, 420, 120B and 34 of the I.P.C. lodged on the basis of one C.P. Case No. 884 of 2015 filed by Rajesh R. Francis in the court of learned Dhananjay Kumar, Judicial Magistrate, 1st Class, Dhanbad, which was referred under Section 156 (3) of the Cr.P.C. for institution of the case, alleging inter alia that brother of the complainant late Dhiraj Darpan Francis was the Managing Director of St. Thomas High School, Sahu Bahiyar, Topchanchi and was a permanent resident of "Rose Villa" Mohalbani, Sudamdih. Further it is alleged that Late Dhiraj Darpan Francis used to reside in the Hostel and in the intervening night of 21.07.2014 and 22.07.2014, he was found dead in his room and it is alleged that petitioners herein along with other persons brought the dead body of the Dhiraj Darpan Francis to his permanent residence Rose Villa and petitioner no. 1 Sandip R. Dey @ Sadeep Rabindranath Dey has disclosed that Dhiraj died in school itself and from their he was taken to Central Hospital, Dhanbad, where he was declared dead 4 to 5 hours ago by heart attack, so his body was brought to his ancestral house and body was cremated on 23.07.2014 in morning in the local coalfields Cemetery. It is alleged that after cremation on 24.07.2014, petitioner no. 1 Sandip R. Dey disclosed that in order to obtain death certificate of the Dhiraj Darpan Francis, identity card of any family member is required. Thereafter, complainant gave his voter I.D. card and accused no. 1 disclosed to the complainant and other family members that all the movable and immovable property, bank accounts, vehicles and jewelries and Rs. 95 lac of the deceased lying with him will be handed over to complainant and brothers of late Dhiraj Darpan Francis. It is further alleged that many days passed, but petitioner no. 1 did not meet the complainant and subsequently informant learnt that on 22.07.2014, when the dead body of Dhiraj Darpan Francis left in room in St. Thomas School, Sandip R. Dey, petitioner no. 1 cleaned the room and also has disappeared his laptop and mobile phone. He came to know that blood was oozing out of his mouth and hostel In-charge Hazra Ussmani, ordered students Rina, Khusbu and Anjali for cleaning the cloths. It is alleged that complainant learnt that in the night Dhiraj was administered injection. It is alleged that after three months of the occurrence, the petitioner no. 1 did not meet the complainant and on 08.10.2014, the person from S.B.I., Life Insurance came and enquired about the claim of Rs. 20,82,990/- and it is alleged that the accused persons shown the place of death at Rose Villa, whereas the Dhiraj Darpan Francis dead in the St. Thomas High School. Thereafter the complainant started inquiry and learnt that accused persons pursuant to conspiracy have withdrawn the amount from the bank and other detail description given in the complaint. On the basis of these allegations, the instant case was instituted.
(2.) Learned counsel for the petitioners while addressing the anticipatory bail submitted that admittedly petitioner no. 1 Sandip R. Dey is the Principal of the St. Thomas School and petitioner no. 2 Shiva Francis is the wife of petitioner no. 1 and the Executive Director of the School and deceased is the brother-in-law of the accused Reba Francis, who is the mother of petitioner no. 2 and he has been residing with her since 1998. It is further submitted that accused Reba Francis has opened St. Thomas School, where deceased was working as Treasurer and not as Managing Director. It is further submitted that complainant is not the eye-witness of the occurrence and after much delay, instant complaint was filed as complainant wants to grab the property of the deceased. It is further submitted that petitioner no. 2 Shiva Francis and Reba Francis were nominees in Central Bank of India and State Bank of India and after Dhiraj Darpan Francis, who died natural death and money was transferred in their account. Further, car loan was deducted by HDFC bank. It is incorrect to say that the petitioners misappropriated the money of the deceased. Further, submitted with reference to Annexure-4 that the State Bank of India on 20.08.2015 has taken entire money of SBI towards housing loan taken by the deceased. So, it was submitted that Reba Francis has already granted anticipatory bail by the learned Sessions Judge and petitioners are cooperating in investigation and have no criminal antecedent. Petitioners deserve the privilege of anticipatory bail.
(3.) Opposite Party no. 2 Rajesh R. Francis has appeared through learned counsel and filed counter affidavit. In counter affidavit, he has stated the same facts which is written in the written complaint, but he has alleged that on 19.10.2014 petitioner no. 1 also sold away one Awalea Vehicle bearing registration no. JH-10AH-8208, which was kept in the premises of the St. Thomas School and has given false explanation that financer had taken away the said vehicle. Further, petitioner no. 1 has taken the computers of St. Thomas School in his custody. He has also annexed the sale deed of the land which was purchased by the deceased and submitted that petitioner no. 2 without succession certificate by manipulating got it transferred the entire property. It is prayed that petitioners do not deserve the privilege of anticipatory bail.;