IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35551 of 2010 RAM VINAY GUPTA @ RAM VINAY PD.GUPTA @ RAM VIJAY GUPTA & ANR Versus STATE OF BIHAR 3 19.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state assisted by learned counsel for the complainant. Admittedly, petitioner No. 1 is Mukhiya whereas petitioner No. 2 is Panchayat Secretary of Gram Panchayat Raj, Sugaha Bhawanipur. Allegedly, above said petitioners took the cheque of Rs 15,000/- from the complainant and subsequently, when the complainant reported the matter to the higher authorities, then the petitioner returned only Rs 10,000/- and when Rs 5,000/- was demanded by the complainant, she was assaulted by petitioners. The contention of Learned counsel for the petitioners is that the complainant made complain in Janata Darwar and after that the matter was got inquired by Superintendent of Police, West Champaran, Bettiah and in the aforesaid inquiry, it came to light that one Nagendra Prasad was behind the entire episode and the aforesaid Nagendra Prasad set up the complainant for taking avenge of defeat of his Panchayat election. Learned counsel for the complainant points out that earlier the prayer for bail of the petitioner was rejected in another case of similar nature by another bench as also up to - 2 - the Apex Court but he could not succeed to furnish copy of the rejection order. Moreover, learned counsel for the petitioners points out that in the aforesaid case, petitioner No. 1 was tried by Judicial Magistrate, Ist Class and he was acquitted vide judgment dated 28.07.2008. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, namely, Ram Vinay Gupta @ Ram Vinay Pd. Gupta @ Ran Vijay Gupta and Sri Nath Rao shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 19 C of 2009 to the satisfaction of Sri P.C. Verma, J.M. Ist Class, West Champaran, Bettiah subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/ (Hemant Kumar Srivastava,J.)