IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8151 of 2009 RAJENDRA RAM,son of late Nimu Ram, resident of village-Sarbela Chakla,P.S.- Salkhua,Dist.-Saharsa. Versus 1. THE STATE OF BIHAR 2. Gajendra Sharma,son of Narayan Sharma,resident of village-Sarbela Chakla,P.S.-Salkhua,Dist.-Saharsa. ----------- 02/ 08-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that parties are villagers. Complainant is the Ward Member, whereas this petitioner is P.D.S. dealer. Showing his position of being Member of the Ward, he was expecting unexpected gain, that was refused, then only the present case was lodged, that was not to his satisfaction. Therefore, another case was lodged against the petitioner by his wife, even for the offence under Section 376 of the Penal Code, which after investigation was found false. So, petitioner’s arrest basing the allegation cannot be justified. I agree with the submission. In case of arrest or surrender within one month from today in Complaint Case No.1115(C)/2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Indrajit Singh, Judicial Magistrate, Ist Class, Saharsa, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )