1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38494 of 2011 Mala Devi Wife of Anand Kumar Dixit, R/o Village- Pokharbhinda, P.S. Kuchaikote, District-Gopalganj. --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Lokesh Kr. Singh For the State : Mr. Umesh Lal Verma,APP 5 07.12.2011 Supplementary affidavit has been filed. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case with allegation of getting benefit of Indira Awas Scheme inspite of her not entitlement on account of having two Pucca houses. Submission is that petitioner has no such houses rather her name stands in B.P.L. list and this is why she has been granted such benefits though money is lying in her account as yet, not withdrawn. Further submission is that till controversy is finally set at rest petitioner is ready to refund the amount to the Department subject to 2 result of the case keeping her scheme alive to agitate at due time. In view of the above, on deposit of the amount allotted to her with the Department, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in Kuchaikot P.S. Case no. 198 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below for two years till disposal of the case, whichever is earlier. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)