IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12119 of 2010 NOOR AISA Versus THE STATE OF BIHAR ----------- For the petitioner: Mr. Amrendra Kumar, Advocate. For the State: Mr. Umesh Prasad Singh, A.P.P. ---------- 2 4.5.2010 Heard the parties. In a criminal prosecution under sections 406 and 420 of the Indian penal Code the petitioner is specifically named in the FIR. She is elected Mukhiya of the Grampanchayat and she along with co-accused Shrikant Tiwary, a Panchayat Secretary, allegedly committed Criminal Breach of Trust of public money worth Rs. 1, 10,000/-. Learned counsel for the petitioner submits that allegations are not correct and in facts she has merely signed the cheque produced by the Panchayat Secretary and money was actually withdrawn by Panchayat Secretary. However, in response to a query of the court learned counsel appearing for the petitioner has fairly stated that his client is ready to deposit an amount of Rs. 1, 10,000/- which is subject matter of criminal Breach of Trust, provided it may not be construed as admission of the guilt by the petitioner and the deposit made by the petitioner may be subject to out come of the trial in the present case. In view of the aforesaid stand taken by the petitioner it is directed that petitioner must deposit an amount of Rs. 1,10,000/- in the court below in connection with Jamui P.S. Case No. 1/2009 within a period of six weeks from today and if such a deposit is made in the court below then within the same period, in the event of arrest or surrender in the court below - 2 - the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Jamui , in connection with Jamui P.S. case no. 1/2009, subject to the conditions laid down under section 438(2) Cr.P.C. However, it is made clear that the deposit made by the petitioner shall be subject to out come of the case. In case of non-deposit of the aforesaid amount within the time frame, it will be construed that the prayer made on behalf of the petitioner for grant of anticipatory bail before this court has finally been rejected and in that case the petitioner would be obliged to surrender in the court below and seek regular bail, if so advised. ( Birendra Prasad Verma, J. ) M.Rahman