IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52977 of 2007 ANITA KUMARI Versus THE STATE OF BIHAR ----------- 5. 24.6.2008 Heard. This is an application for anticipatory bail in Baisi P.S.Case No. 158/2007 filed under section 409 of the Indian Penal Code. The allegation against the petitioner is that she withdrew Rs. 1,50,000/- and made payment as a fare of the rented car in the capacity of C.D.P.O. of three blocks without using the said rented vehicle and she was seen using her personal car. Learned counsel for the petitioner contended that in the written report which is the basis of the present case it has been mentioned that on 18.5.2007 the Maruti car of the petitioner was found in the premises of Baisi block. From this sole instance it cannot be said that the car which was taken on hire by the petitioner was not used in her official visits in different offices. He further referred to Annexure 2 and contended that in March, 2005 itself a circular was issued that C.D.P.O. could spend every month Rs. 10,000/- for hiring a vehicle if any vehicle is not officially provided to him. He then referred to several other annexures and contended that the petitioner from time to time had informed the department and sent her tour programmes of each month. The copy of the log books have also been produced vide Annexures 6 and 7 series to show the use of the vehicle hired. He further contended that it has been alleged that the payments were made 2 Surendra/ only on 31.3.2007, but this is not very much material to establish the offence against the petitioner. Learned A.P.P. opposed the prayer. As so far there is no sufficient material in the case diary to show that the petitioner did not use the vehicle and withdraw the amount fraudulently, the petitioner, Anita Kumari, is directed to surrender before the court below within four weeks from today and the event of her surrender, she shall be enlarged on bail on her furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in Baisi P.S.Case No. 158/2007, subject to the conditions as laid down under section 438(2) Cr.P.C. till submission of the final form. ( Rekha Kumari,J.)