IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43448 of 2011 Binda Devi @ Brinda Devi wife of Daroga Yadav, Resident of village-Nagpura, P.S.-Simari, Dist.-Buxar. Versus The State of Bihar ------------- 2. 21.12.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner had earlier moved for grant of anticipatory bail in this case in Cr. Misc. No.21935 of 2011 which was permitted to be withdrawn by order dated 18.10.2011 on the request of learned counsel for the petitioner. Once again an application for grant of anticipatory bail has been filed. The petitioner apprehends her arrest in connection with a case registered for the offence punishable under sections 406, 409, 467, 468 and 471 of the Indian Penal Code. An amount to the tune of Rs.67,000/- was received from Block office, Simari for distribution of honorarium amount to Panches of Balihar Gram Kutchery. On 25.9.2010 in a meeting it was decided that each of the Panch would receive Rs.4426/- as honorarium. A bearer cheque of Rs.60,000/- was issued in the name of Vijay Kumar Yadav, who was one of the Panch for withdrawing the amount from the bank and Vijay Kumar Yadav was authorized to distribute respective amount to all other Panches of the Gram Kutchery. The said cheque was issued under the joint signature of the petitioner, who was ‘Sarpahch’ and co-accused Deepa Yadav, who was ‘Up-Sarpanch’ of the Gram Kutchery in question. When Viyay Kumar Yadav presented the cheque before 2 the bank it was returned to him stating the reason that though the account number of Balihar Gram Kutchery was 112 but on the cheque in question the account number was scribed as 412. The said cheque was returned by Vijay Kumar Yadav and he was assured to be given another cheque after rectification in the account number. No cheque was thereafter handed over to Vijay Kumar Yadav and subsequently he came to know that Rs.64,000/- was illegally withdrawn from the account through a bearer cheque issued in his name under the joint signature of the petitioner and co-accused Deepa Yadav. Vijay Kumar Yadav alleged that he had never ever received the subsequent cheque of Rs.64,000/- or signed over it in token of receipt of the amount from the cash counter of the Bank. The amount was illegally and fraudulently withdrawn in his name. He made a complaint in this regard before the District Magistrate, Buxar who got the matter enquired by one Brij Mohan Roy, Public Grievance Officer, Buxar and pursuant to receipt of the report from the said Officer finding the allegation to be true, upon direction of the District Magistrate, the B.D.O. Simari, Buxar instituted the present case. It is submitted that the petitioner is a lady and she is suffering from certain ailments. The allegations are not true and co-accused Vijay Kumar Yadav is king-pin in this case. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected. However, in case the petitioner surrenders and seeks 3 bail, the same shall be considered on its own merit in accordance with law without being prejudiced in any manner by this order. Md.S. ( Ashwani Kumar Singh, J.)