IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36965 of 2008 BABY SINGH Versus STATE OF BIHAR ----------- 2 05.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 406, 409, 120B of the Indian Penal Code. It has been submitted on behalf of the petitioner that she is the Secretary of the school in question and the allegation against her and the co-accused who where the Head Master of the school and the husband of this petitioner is to the effect that the money given under the Sarva Siksha Abhiyan scheme for construction of two rooms in the school building it was found that the Vidyalaya Siksha Samitee took a decision and invested the said money in the land of the school for construction of two class rooms situated about ½ km away from the existing school. It is submitted that there is no allegation on the part of this petitioner that the money given under the aforesaid scheme was misappropriated by her, and as a matter of fact, on the instruction of the Committee the money was invested in the land of the school situated about ½ km away from the existing school. As such the 2 allegation is not correct and as such the petitioner who is the Secretary of the said School is entitled to be granted anticipatory bail. Learned Addl. P.P. submits that admittedly petitioner invested the money in not for the purpose for which it was allotted, and as such, there is serious irregularity and breach of trust. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Baby Singh be released on bail on furnishing bail bonds 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 Korha P.S.Case No. 187 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)