IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13440 of 2010 LALITA DEVI,w/o Sri Ram Kumar Thakur,resident of village- Khoir, P.S.- Babu Barhi,Distt.-Madhubani. .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner :Mr. H.K.Thakur, Advocate For the State :Mr. Pushpa Sinha,Addl.P.P. ----------- 02/ 17-05-2010 Heard the parties. In a criminal prosecution instituted for the offences under Sections 406, 409, 420 and 120B of the Penal Code, petitioner is an elected Mukhiya of the Gram Panchayat in question. The allegations of criminal breach of trust, misappropriation of Government fund and cheating are mainly against co-accused Anand Kumar Jha, the then Panchayat Secretary and the supplier of Solar plates, namely Umesh Kharga. According to FIR, no specific allegation either regarding criminal breach of trust or misappropriation of Government fund is against the petitioner, but she being the Mukhiya is alleged to have some hands in commission of the crime in question. By referring to Annexure-2, learned counsel for the petitioner submits that petitioner had lodged a criminal case against co-accused Anand Kumar Jha, the then Panchayat Secretary for forging her signature on some cheque books and other documents and that case is still pending. Be that as it may, petitioner being a lady, and there is no direct allegation either regarding commission of criminal 2 breach of trust or criminal misappropriation of Government fund, in the event of arrest/surrender within a period of four weeks from today in Babu Barhi P.S.Case No.218 of 2009, the above named petitioner shall 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 the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure, and subject to the further conditions that: (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (b) the petitioner shall make regular Pairvi in the court below in the present case either by appearing herself in person or through representation by her lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)