IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2507 of 2010 1. Sheo Kali Devi, wife of Shri Bimal Yadav, resident of village- Dilsadpur, P.S.-Bhagwanpur Hatt, Distirct- Siwan. 2. Bimal Yadav, son of Tapeshwar Yadav resident of village- Dilsadpur, P.S.-Bhagwanpur Hatt, Distirct- Siwan. Versus The State of Bihar ----------- 2. 23.03.2010 Heard Mr. Ravindra Nath Dubey, learned counsel for the petitioners, Dr. Indiwar Kumari, learned Additional Pubic Prosecutor for the State and Mr. Chandra Kant appearing for some of the villagers. Petitioners apprehend their arrest in Bhagwanpur P.S.Case No.96/09 instituted for offence under Sections 419, 420, 409, 467, 468 and 471 of the I.P.C. According to the prosecution case petitioners are alleged to have defalcated huge amount of public money, which has been mentioned in the F.I.R. Leaned counsel for the petitioners submit that so far as petitioner no.1 is concerned, she is elected Mukhiya, but admittedly, she is an illiterate lady and even District Collector has come to a finding that her signatures were forged by her husband petitioner no.2. In that view of the matter, prayer for anticipatory bail made on behalf of petitioner no.2 is dismissed. He must surrender in the court below within a period of five weeks from today and may seek regular bail. If such prayer is made, then that shall be disposed of on its own merit without being prejudiced by the order of the Court. 2 So far as petitioner no.1 is concerned, she being a lady and main allegation being against her husband or some other accused persons, in the event of her arrest/surrender before the court below within a period of six weeks from today be released on bail on furnishing bail bond of Rs.10,000/-with two sureties of the like amount each to the satisfaction of the C.J.M, Siwan in connection with Bhagwanpur P.S. Case No.96/09 subject to the condition laid down under Section 438 (2) of Cr.P.C. However, it is made clear that before accepting the bail bond furnished on behalf of the petitioner no.1, learned court below must be satisfied that petitioner no.2 has surrendered and he has been taken to the judicial custody and only on its satisfaction, the bail bond of the petitioner no.1 shall be accepted. V.K. Pandey (Birendra Prasad Verma, J.)