IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22212 of 2011 1. Gulrej Akhtar (Up-Mukhiya), S/o Shri Badrul Hassan, 2. Fatra Gulrej (Mukhiya), W/o Gulrej Akhtar, Both resident of Raj Rakhai, P.S.-Shikarpur, District-West Champaran. ……………..Petitioners. Versus The State of Bihar ………………Opposite Party. ----------- 2/- 13.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Apprehending their arrest in connection with Shikarpur P.S. Case No. 154 of 2011 registered for the offence under sections 409, 420/34 of the Indian Penal Code, the petitioners have prayed for grant of bail. According to the prosecution case the honorarium of four teachers of Primary School was not being paid by the petitioners as there was demand of Rs. 20,000/- each in lieu of payment of their honorarium. Learned counsel for petitioners submits that petitioner No. 1 is Up-Mukhiya whereas petitioner No. 2 is Mukhiya. Both are husband and wife. He further submits that the payment was not deliberately withheld. According to him, there was some dispute with respect to legality of their payment which was under consideration before the District Teachers Appointment Appellate Tribunal, which made order for payment on 16.11.2010. The payment to the respective teachers according to the petitioners has already been released on 7.5.2011 whereas the present case has been filed on 10.5.2011. Learned counsel for petitioners submits that ingredients of offence under Section 409 & 420 of the Indian Penal Code would be attracted in the facts and circumstances of the case. Learned counsel for the State opposes the prayer for grant of bail. Be that as it may, taking into consideration the fact that payment has already been released to the teachers in question, let the petitioners, namely Gulrej Akhtar & Fatra Gulrej in the event of their arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. Case No. 154 of 2011. Sanjeet/- (Ashwani Kumar Singh, J.)