IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40243 of 2009 1. DR.GOPAL MISHRA S/0 LATE HARI NANDAN MISHRA, R/O- VILLAGE BARDAHA, P.S. BABUBARAHI, DISTRICT – MADHUBANI, MEDICAL OFFICER, SADAR HOSPITAL, BEGUSARAI. 2. DR. DEO NANDAN PRASAD, S/O- SITARAM PRASAD, R/O- VILLAGE & P.S. SHEIKHPURA, DISTRICT SHEIKHPURA, DEPUTY SUPERINTENDENT, SADAR HOSPITAL, BEGUSARAI. 3. DR. A.K. JHA, S/O- GAURI SHANKAR JHA, R/O- VILLAGE – PIDHAULI, P.S. TEGHRA, DISTRICT – BEGUSARAI, MEDICAL OFFICER ON CONTRACT, SADAR HOSPITAL BEGUSARAI. Versus THE STATE OF BIHAR . ----------- 03. 07.12.2009 Heard learned counsel for the petitioner, State as also the complainant who has appeared and filed Vakalatnama. The offence alleged is under section 341 of the Indian Penal Code and Section 3(x) of SC/ST (Prevention of Atrocities) Act. The submission is that on account of subordination on the part of the petitioners in allowing the attendance register to be signed by one Nurse, namely Asha Kumari even though she has been transferred from the office on account of such act on the part of the petitioners, the complainant proceeded against them and refer the matter to the Chief Civil Surgeon for taking appropriate action. Submission is that show cause notice was issued to the petitioners, however the petitioners did not receive and further committed the act of 2 subordination. It is further submitted that the present complaint has been filed merely to humiliate the petitioners. It is further submitted that the allegation against the petitioners that they abused the complainant by calling her cast name is incorrect. Learned counsel for the complainant submits that the order of transfer issued in favour of the said nurse, Asha Kumari was stayed by the higher official of the Health Department. Learned counsel for the State submits that the petitioners have humiliated the complainant by calling her caste name “DUSHAD” and as such petitioners are not entitled to privilege of anticipatory bail. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Begusarai in connection with Complaint Case No. 2581C/2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish ( Shailesh Kumar Sinha, J.)