IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22711 of 2009 MOSTT.KIRTI DEVI, wife of Late-Jawahar Prasad Sah, resident of village- Fulwaria, P.S.-Beldour, District-Khagaria. …..Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 27.08.2009 Petitioner apprehends arrest in Beldour P.S. Case No. 72 of 2007 registered under Section 420 and other Sections of the Indian Penal Code. Petitioner is not named in the First Information Report and her name has come in course of investigation and hence this application. In the First Information Report, it is alleged that the Circle Officer, Beldour inspected the premises of one Manto Singh on confidential information that the rice which was allotted to various dealers as a part of flood relief work was misappropriated by the dealers and sold to one Phool Kumar Mishra who is also a dealer and kept the entire consignment at the house of Manto Singh. In course of investigation it was found that some of the bags were belonging to the petitioner but allegedly instead of taking it to her place of business and distributing it as required had disposed them in black through the said Phool Kumar Mishra. Sri. Shakil Ahmad Khan, learned senior counsel appearing on behalf of the petitioner submits that - 2 - admittedly the area was flood ravage and dealers could not take their consignments from their respective places to their business places, they had kept at one place to be moved as and when situation permitted. He further points out that the main allegation is against Phool Kumar Mishra as per First Information Report itself who has already been granted Anticipatory bail by this Court in Cr. Misc. No. 5150 of 2009 by order dated 21.05.2009. In the facts and circumstances stated above, let the petitioner namely Mostt Kirti Devi, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 72 of 2007 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)