IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14686 of 2009 SMT.SHOBHA DEVI Versus THE STATE OF BIHAR THRU. CBI. ----------- 03 07.09.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Special Case no. 1/2008 arises out of R.C. Case no. 27(A)/2007. Allegation against the petitioner is that she joined the said conspiracy and caused wrongful loss to the bank to the tune of Rs. 2,65,709/- (two lacs sixty five thousand seven hundred and nine only) besides the interest components. Looking to the contents of the F.I.R., it appears that the then Branch Manager, in conspiracy with the husband of the petitioner, committed lot of illegalities and irregularities in sanctioning the loans to different persons on fake/got up documents causing huge loss to the Bank. As against the present petitioner, who is wife of co-accused Dharmbir Kumar @ Dharmi, allegation appears to be that she too joined the said conspiracy and obtained group loan which was dishonestly got processed by her husband and disbursed by the then Branch Manager of the Bank, namely, Sudhir Kumar. Learned counsel for the petitioner submits that charge sheet submitted in the case itself discloses that certain 2 amount of loan obtained by the petitioner as group loan has been paid and remaining amount has to be paid. Learned counsel for the petitioner submits that the Bank has other remedy also for obtaining the loan if not paid or the loanee defaulted in making payment thereof. He, however, states that the present petitioner shall be paying the loan amount as soon as possible. By way of Ist instalment, it is submitted, a sum of Rs. 40,000/- (forty thousand) shall be paid to the credit of the Bank within 02 weeks from today and subsequent thereto within a period of 02 months thereafter a sum of Rs. 40,000/- (forty thousand) shall also be paid. It is contended that she is a lady and perhaps her name has been used by her husband in committing the offence(s). Learned counsel appearing on behalf of the Central Bureau of Investigation, opposed the prayer for anticipatory bail. However, he is not in a position to dispute this fact that out of the total loan amount, although processed on the strength of forged documents, was obtained by the petitioner as a group loan and certain amount against the same has/have been paid. Having regard to all aspects of the matter, this court is prepared to extend the privilege of anticipatory bail to the petitioner. Let the petitioner above named, in the event of her arrest or surrender before the court below within a period of 04 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 the Special Judge, C.B.I., 3 Bihar Patna in connection with Special Case no. 1/2008 arising out of R.C.Case no. 27(A)/2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that petitioner must deposit a sum of Rs. 40,000/- ( forty thousand) within a period of 02 weeks from today with the bank against the loan amount and subsequent thereto within a period of 02 months thereafter a sum of Rs. 40,000/- ( forty thousand) shall also be paid with the Bank. Receipt showing payment of Rs. 40,000/- (forty thousand) within 02 weeks must be furnished along with the bail bonds. The application stands disposed of. Sym/ (Kishore K. Mandal, J.)