IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29378 of 2010 NAND KUMARI DEVI @ NANDINI KUMARI DEVI & ANR Versus STATE OF BIHAR ----------- 02. 12.08.2010 Petitioner No. 1 being the ward member of the Punchayat and petitioner No. 2 being the husband of petitioner No. 1 are apprehending their arrest in a case initially registered under Sections 161, 162, 419, 420, 323/34 I.P.C. but subsequently Sections 419, 420, 324,323/34 of the I.P.C. was also added. It is submitted by learned counsel for the petitioners that initially on 04.11.2009 it was the petitioners who complained about taking money by the Mukhiya on which the enquiry proceeded then ultimately the present F.I.R. was lodged on 03.01.2010. Moreover the witnesses who deposed during the enquiry before the S.D.O. which are the part of the F.I.R. suggest that the money was taken by the Mukhiya or her husband. Learned counsel for the State, however submits that the letter dated 29th of December, 2009 addressed by S.D.O. Sadar, Motihari to Block Development Officer suggests that it was the petitioners who instigated to pay the money or the money was paid by the beneficiaries to the Mukhiya or her husband 2 through petitioner No. 1. It is further submitted that the said Mukhiya has been granted regular bail, hence petitioner should also pray for regular bail. So far as petitioner No. 1 is concerned, admittedly it was the petitioner No. 1 who lodged the complaint against the Mukhiya and the deposition of witnesses annexed with the F.I.R. do not reflect that petitioner No. 1 actually received the money. Apart from that petitioner No. 1 is a lady. So far as petitioner No. 2 is concerned, there is no allegation in the F.I.R. against petitioner No. 2. Considering the aforesaid facts, let the petitioners namely 1. Nand Kumari Devi @ Nandini Kumari Devi 2. Kishore Paswan, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 1 of 2010. Shageer ( Dinesh Kumar Singh, J.)