IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10118 of 2009 Rameshwar Sharma, son of Late Ram Bhajju Sharma, resident of village- Rajanpur, P.O. Rajanpur, P.S. Mahishi, District Saharsa. The then Panchayat Secretary, Saroni Madhepura, Gram Panchayat, P.S. Basnahi, District Saharsa Versus STATE OF BIHAR ----------- 03/ 17.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is the Secretary of the Panchayat. He is apprehending his arrest in connection with a case registered for the offence under Sections 323, 504, 406, 384, 386, 420, 468, 469 and 34 of the Indian Penal Code, which was initially registered as complaint alleging fraud in the matter relating to appointment of Panchayat Teachers. Perusal of the complaint further indicates that on failure of the petitioner to pay the bribe amount, he was also assaulted by the petitioner and the Mukhiya, namely, Amar Nath Mandal. It is submitted on behalf of the petitioner that the allegation as set out in the complaint is false, as the complaint has been registered after nine days of the completion of the selection process. Having heard counsel for the parties, I am of the view that such delay in lodging the complaint is quite natural as the complainant having participated in the selection process took some time to lodge the complaint, but in the complaint witnesses have been named and the case has been found true during the 2 investigation as the complaint was referred to the police under Section 156(3) of the Cr.P.C., which fact is evident from the order of the learned Sessions Judge itself. Let the petitioner above named surrender in the court of Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. Case No. 39 of 2007 (G.R. No. 2010 of 2007) within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law without being prejudice by the fact that he has not been admitted to the privilege of bail in the event of arrest. Arjun/ ( V.N. Sinha, J.)