IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28160 of 2009 1.SANJHARO DEVI W/O Harendra Singh Yadav 2.Dharmendra Singh @ Dharmendra Singh Yadav Son of Harendra Singh Yadav. Both r/o Quarter no. 141/1 Sector Military Camp Gaya P.S. Magadh Medical College, Hospital, Gaya. Versus STATE OF BIHAR ----------- 2 7/9/2009 Heard counsel for the petitioners, counsel for the State as also counsel for the Informant. Two things become clear from records of this case including supplementary affidavit filed by counsel for the petitioners today, one that the petitioner no.1 is an active lady who has been not only assisting her Subedar husband in the house hold works, but also in the out side work and that is why she is said to have transacted for getting employment of her son as alleged in her complaint petition, and second thing which is also apparent from the records is that it is the petitioners who have filed later case alleging misappropriation of certain amount given by them to the prosecution party of this case. Obviously, one of the versions may be correct or both may be correct, that will be subject matter of trial. The moment this Court would, however, find that allegation against the petitioners is not confined to the facts of receiving and getting illegal transaction of money in the case of the petitioners, but also for swindling money of other persons as specifically mentioned in the First Information Report from which an impression would automatically be created that something is 2 quite serious about conduct of the petitioners. Such impression of the court also gets also substantiated from the facts that as per allegation in the First Information Report against the petitioners if a fake appointment letter was given in the hands of the Informant of this case for justifying payment and claiming further payment and if two payments made by the petitioners in the Bank Account subsequent to discovery of appointment letter to be fake, this Court would find that the money which is said to be deposited, can also be by way of return of money paid by the prosecution to the petitioners and her husband Harendra Singh Yadav. That being so, this Court is not inclined to grant bail to the petitioner and accordingly prayer for bail of the petitioners is rejected. In view of the fact that all the three accused persons are in jail custody and investigation has already been completed as also charge sheet has been filed, this Court would direct the trial Court to take up the trial out of turn and conclude the same preferably within a period of one year from today. In the event the trial against the petitioners would not be completed within the aforesaid period they will have liberty for bail before the trial court which would be under obligation to record reasons for not completing the trial and only thereafter the petitioners would move for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)