IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42801 of 2010 SHASHI KALA DEVI W/O RAMASHANKAR PRASAD, RESIDENT OF VILLAGE-BAL BANDH, P.S.- CHARPOKHARI, DISTRICT- BHOJPUR…… PETITIONER. Versus THE STATE OF BIHAR…..O.P. ----------- 3 26.3.2011 Heard the parties. The petitioner apprehends her arrest in a criminal prosecution registered under sections 467,468,471 and 420/34 of the Indian Penal Code. It is submitted that though the petitioner is the Mukhiya of the Gram Panchayat in question, but she has not been named in the F.I.R. vide Annexure-1 as an accused. Four other persons have specifically been named in the F.I.R. as accused. It is also submitted that only Rs.24,000/- has been withdrawn by the accused persons as first installment for construction of a house of one Basudeo Mushar under Indira Awas Scheme. It is highlighted that co-accused Md. Allauddin, who is named in the F.I.R., has already been granted anticipatory bail by learned Session court. Be that as it may, in the facts and circumstances of the case, petitioner, Shashi Kala Devi, in the event of her 2 arrest/surrender before the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Charpokhari P.S. Case No.20 of 2010, subject to the conditions as laid down under section 438(2) of Cr.P.C. and subject to the further conditions that: (A) one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in 3 the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Anilkr.sinha (Birendra Prasad Verma,J.)