Bimali Devi and Budhani Devi vs The State of Jharkhand

Pradeep Kumar, J.—Heard learned Counsel for the petitioners and learned A.P.P. for the State.

The petitioners, who are accused for offence under Sections 420, 406, 409, 467, 468, 471 and 120(B) of the Indian Penal Code, pray for anticipatory bail, apprehending their arrest in connection with Madhupur Case No. 136 of 2009, corresponding to G.R. No. 307 of 2009.

It is submitted by the learned Counsel for the petitioners that the allegation against the petitioners is that they along with other beneficiaries had received Rs. 10,000/- each for construction of Indira Awas on the basis of forged documents, but subsequently when they came to know about this fact, they have deposited the amount. However, learned Counsel has filed letters of the Bank Manager dated 19.7.2010, which is attached with this application as Annexure-3 and by letter dated 8.11.2010, which is part of the same Annexure showing the petitioners have deposited the said amount. Learned Counsel further submitted that other beneficiaries have been granted anticipatory bail by this Court as they have deposited the money, hence the petitioner deserves anticipatory bail.

Learned Counsel for the State has opposed the prayer for anticipatory bail.

In the facts and circumstance of the case, since other beneficiaries have been granted anticipatory bail in A.B.A. No. 378 of 2010 on 30.3.2010 by this Court, hence, the abovenamed petitioners are also directed to surrender before the court below within two weeks from today, and in the event of their surrender, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Madhupur at Deoghar in connection with Madhupur P.S. Case No. 136 of 2009, corresponding to G.R. Case No. 307 of 2009, subject to the conditions as laid down u/s 438(2) Cr.P.C. and further conditions that (i) one of the bailors would be local resident having property within the jurisdiction of the Court concerned (ii) the petitioners will present before the Court below once in every month on the date fixed, otherwise their bail bond shall stand cancelled.