IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2001 of 2010 RITA DEVI W/o Ashok Singh resident of Village- marhurapur, P.S. Khagaria, District Khagaria. Versus STATE OF BIHAR . ----------- 2 25-02-2010 Heard counsel for the petitioner, counsel for the State as also counsel for the Informant. Counsel for the petitioner, while seeking anticipatory bail for the petitioner who is an accused for the offence under sections 166 and 384/34 of the Indian Penal Code and section 3 (X) of the SC/ST Act, has basically raised only one issue that the said criminal case has been filed only for getting the order of the appellate tribunal implemented, inasmuch as, the Informant was earlier removed from the post of Panchayat Sikshak and could later on get his order of termination set aside by virtue of which he also became entitled for payment of certain amount upon reinstatement in service. Counsel, therefore, has also drawn attention of this Court to the fact that whatever amount admissible and payable in terms of order of the tribunal, being Rs.96,000/- has already been paid to the petitioner on 17.4.2009 by a cheque, copy whereof has been enclosed as Annexure-5 to the bail application. Counsel for the Informant, on the other hand, would submit that this petitioner along with others were expecting some illegal gratification even after order of the tribunal and that is why the Informant had to file this case. Counsel, however, does not 2 deny the fact that the payment of amount to which the Informant was entitled under the order of tribunal has already been made. Considering the peculiar nature of this case where criminal case has been filed to claim arrears of salary which become payable to the Informant on account of order of the tribunal, this Court would find the petitioner to be entitled for grant of anticipatory bail. That being so, if the petitioner, namely, Rita Devi would surrender within a period of four weeks she shall 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 Chief Judicial Magistrate, Khagaria in Khagaria P.S. Case No.249 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.)