IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13464 of 2011 KUMARI TRIPTI W/O DHARMENDRA KUMAR Versus THE STATE OF BIHAR ----------- 03 04.05.2011 Heard learned counsels for the petitioner and the State. Petitioner being Panchayat Mukhiya is apprehending her arrest in a case registered under Sections 420, 467, 468 and 471/34 of the Indian Penal Code. The F.I.R. has been lodged by the District Programme Officer, Ekangersarai, on the basis of enquiry of the Executive Engineer, D.R.D.A., Nalanda, for Schemes Nos. 26 of 2006-07 and 4 of 2007-08. It is alleged that the work was not found shown on the allotted site and hence the Government money to the tune of Rs. 5,74,350/- has been misappropriated. It is submitted by the learned senior counsel for the petitioner that the F.I.R. has been lodged on 29.03.2011 when the enquiry was conducted by the Executive Engineer on 14.03.2011. Though the informant vide letter no. 34 dated 05.03.2011 as contained in Annexure-3 intimated to the Director, Accounts Administration and Self Employment, District Rural Development Agency, Nalanda, 2 that so far as the Scheme No. 4 of 2007-08 is concerned the scheme was of Rs. 4,21,500/- out of which work Rs. 4,02,255/- was done but not at the allotted site but on different site and the accusation in the present case is of only with regard to Rs. 4,02,206/- whereas with regard to the Scheme no. 26 of 2006-07 the allotted amount was Rs. 4,96,420/- out of which the work was done for Rs.1,72,098/- and the accusation is only to that extent. Hence, the learned senior counsel submits that the malicious prosecution has been lodged at the behest of the political rivals. The stand of the informant herself as gets reflected from Annexure-3 not only contradicts the accusation but the conduct of the informant herself appears to be doubtful. Considering the aforesaid submissions, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa. in connection with 3 Ekangersarai P.S. Case No. 26 of 2011, subject to conditions as laid down under Section 438(2) of Cr.P.C. Safik ( Dinesh Kumar Singh, J.)