IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52347 of 2008 SANJAY PRASAD @ SANJAY KUMAR PRASAD S/o Late Sheo Autar Prasad R/v – Jagat Nagar, Ward No. 5, P. S. Town, District- Gopalganj, At present secretary of the School Education Committee, Middle School Kotawan, Gopalganj -----------------Petitioner Versus STATE OF BIHAR ------------------Opposite Party With Cr.Misc. No.631 of 2009 REETA DEVI @ RITA DEVI W/o Sri Sanjay Prasad, R/v Jagat Nagar, Ward No. 5, P. S.- Town, District- Gopalganj, At present secretary of the School Education Committee, Middle School Kotawan, Gopalganj ------------------ Petitioner Versus STATE OF BIHAR ---------------Opposite Party ----------- 2. 9.2.2009 Heard learned counsel for the petitioner, learned counsel for the State and counsel for the informant. The petitioners apprehend their arrest in a case under Sections 427, 379 and 384 of the Indian Penal Code. The petitioner Reeta Devi is the Secretary of the school committee whereas Sanjay Prasad is the husband of Reeta Devi. Learned counsel for the petitioner submits that the Principal of the school had issued cheque of Rs. 50,000/- to the contractor and the Secretary had refused to sign the cheque on the ground that the contractor had not submitted the voucher for the work for which the cheque/payment was earlier issued/made. Learned counsel refers to Annexures 5, 6, 7, 8 and 9 to show that the Principal Secretary and the President of the school were informed about the facts regarding the issuance of the cheque and the - 2 - contractor has filed this case in order to put pressure on these petitioners to sign the cheque so that he could withdraw the money without showing documents that the school building has been completed. Be that as it may, the petitioners Sanjay Prasad @ Sanjay Kumar Prasad and Reeta Devi @ Rita Devi are directed to be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks in connection with Complaint Case No. 522/07, Trial No. 2296/08 on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Sri R. K. Pandey, J.M. First Class, Gopalganj, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)