IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21038 of 2010 RAMKRIT MAHTO son of Late Nathuni Mahto Ex-Panchayat Secretary, Grampanchayat Mohanpur, P.S. Piprahi, Dist. Sheohar …….petitioner. Versus The State of Bihar. …….O.P. ----------- For the petitioner: Mr. N.K. Agrawal, Sr. Advocate. For the State : Mr. Ram Priyasharan Singh, A.P.P. ---------- 2 7.7.2010 Heard the parties. The petitioner apprehends his arrest in a complaint case in which cognizance has been taken for offences under sections 341, 323, 504 and 506 of the Indian Penal Code as also under section 3(1) (X)(XI) & 3 (2) (VII) of the SC & ST (P.O.A) Act. It is submitted that the present complainant had originally filed complaint case No. 279 of 2008 which was sent to the police by learned Magistrate in exercise of power under section 156(3) Cr.P.C., which gave rise to Piprahi P.S. Case No. 1 of 2009 dated 5.1.2009. In that case the petitioner besides others was named as accused. The aforesaid criminal case was investigated by the police and on close of investigation police submitted final report dated 13.4.2009 and the petitioner was not charge sheeted. Where-after a protest petition filed by the informant was treated as a complaint giving rise to present complaint petition vide Annexure-1 and on the basis of inquiry - 2 - cognizance was taken against the petitioner besides others. It is further submitted that the entire dispute is regarding appointment on the post of Anganbari Sevika. It is also submitted that in the facts and circumstances of the case, the offences alleged under the provision of SC & ST (P.O.A) Act are not applicable and , therefore, the present petition under section 438 Cr.P.C. is maintainable. All the offences under the Penal Code are bailable one. In the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Sheohar At Sitamarhi, in connection with Case No. C-1/192/09, subject to the conditions laid down under section 438 (2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman