IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34556 of 2009 PUJA KUMARI w/o Sri Sunil Kumar Pandit r/o:- Kendua P.O.:- Kamargama P.S.- Sangrampur District- Munger… Petitioner. Versus STATE OF BIHAR ----------- 04. 23.02.2010 Heard counsel for the petitioner and counsel for the State. The petitioner, a Mukhiya, seeks anticipatory bail in connection with an offence under Section 406 and other allied Sections of the Indian Penal Code. Mr. Ashok Kumar Chaudhary, learned counsel for the petitioner would submit that it is at best an accounting mistake and there was no irregularity either in undertaking the work of the two schemes or its execution and completion including making payment of bills of the contractor for admitted work done by him. Counsel for the State has pointed out that the scheme executed by the petitioner was subjected to an enquiry by the District Magistrate and it was found that the work for two schemes involving a total advance of Rs.1,15,000/- had only been performed at best to the tune of 40% approximately. Mr. Chaudhary however without accepting 2 such report of the Collector has made an offer that till the charge is proved against the petitioner in the pending criminal case, he is prepared to pay a sum of Rs.70,000/- being the rest of 60%, which has been allegedly defalcated/misappropriated by the petitioner in league with others. Thus, accepting the aforesaid voluntary offer of the petitioner this court would direct that if the petitioner, namely, Puja Kumari surrenders within a period of six weeks from today and also deposits a sum of Rs.70,000/- by a bank draft in the name of the Collector of Munger district in the court below, she would be released on 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, Munger in connection with Sangrampur P.S. Case No. 56 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. It is, however, made clear that while such amount deposited by the petitioner through bank draft will be encashed by the Collector of Munger District and would also be utilized for any similar project in the Gram 3 Panchayat of the petitioner but in the event the petitioner would earn a clean acquittal in the pending criminal case, She would be entitled for the refund of the aforesaid amount by the collector of the district. With the aforementioned observations and directions this application is allowed. kanchan (Mihir Kumar Jha, J.)