IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25653 of 2011 1. Sandhya Devi wife of Anirudh Mandal 2. Brajnath Mandal @ Munna son of Anirudh Mandal Versus The State Of Bihar ----------- 2. 25.8.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 323, 409 and 504/34 of the Indian Penal Code. It has been submitted that even though the complainant alleged that money for a certain scheme was received by the Mukhiya but fact of the matter is that it was one Satyadeo Mehta, the Panchayat Sachiv, who had withdrawn the money and, therefore, the complainant had wrongly alleged misappropriation by them which had led to the unfortunate incident as mentioned by the complainant. Considering the same, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Complaint case No.494 of 2009 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Lalan Kumar, Judicial Magistrate, 1st class, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also - 2 - conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife/mother/brother of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )