IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51208 of 2008 TETRI DEVI, wife of late Kalap Yadav @ late Alap Ahir, resident of Lalkothi Goshpara, P.S. & Distt.-Katihar-- --------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 22.1.2009 Heard Mr. Bimal Kumar, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. One Alap Ahir was an employee of the Railways. He retired. The pension papers were duly issued and he was drawing his pension from the State Bank of India, Katihar Bazar Branch. On his death the present petitioner approached the Railways with an application supported with an affidavit that she is the wife of the deceased-pensionholder and is entitled to get the family pension. Believing the words and documents presented by the petitioner, the authorities issued the payment order in favour of the petitioner for receiving family pension and the petitioner received, as per the allegation, Rs.78,254/- as family pension from time to time. Subsequently, it was revealed that Alap Ahir, the pensionholder had very much pointed out in his pension papers that his wife was already dead. Then the enquiry was held and the report was submitted. The contention is that the petitioner has paid up the amount which was drawn by her with interest and that she is in custody since 2.11.2008. Further contention is that she had challenged the order of stopping payment of family pension. The petitioner has presented a letter issued by the State Bank of India, Katihar Bazar - 2 - Branch in respect of the contention on the deposit of some money as drawn by the petitioner. The act if viewed with its seriousness though the petitioner could be a lady, this Court could not apply its discretionary power to direct the release of the petitioner from custody. The petition is dismissed. It is contended that the petitioner is aged 65 years and is in custody since 2.11.2008. Considering the age of the petitioner, let her (named above) be released on bail on 23.3.2009 on execution of bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. case no.278 of 2008. sudip ( Dharnidhar Jha,J )