IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35279 of 2008 1. SUMAN DEVI wife of Bijendra Singh 2. BIJENDRA SINGH son of Late Mitrajeet Singh Both residents of village- Jagwalia, P.S.- Ara Mufassil, District- Bhojpur Versus STATE OF BIHAR ----------- 2 17.11.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 406/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the present case has been lodged by the Head Master of the concerned school alleging misappropriation whereas petitioner no.1 had also lodged a case alleging similar allegation with regard to money withdrawn for carrying out the construction of the boundary wall of the concerned school. It is further submitted that later the money withdrawn on the request of the petitioner as well as the informant was permitted to be deposited back since the construction could not be carried out, as stated in paragraph 6 of the petition, which was also taken note while granting anticipatory bail to the concerned Head Master in a case lodged by the petitioner no.1 vide order dated 09.06.2008, as contained in Annexure-2 to the petition. It is further contended that so far as the petitioner no.2 is concerned there is no allegation against - 2 - him with regard to the alleged offence and the only allegation against him is that he happens to be the husband of the petitioner no.1 and further used to work on her behalf. Learned Addl. P.P. appearing for the State submits that the petitioner after withdrawing the money was duty bound to carry out the work with the said public money, however the same was not done. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in Ara Mufassil P.S.Case No. 246 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)