IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.839 of 2008 MD.OBAIDULAH Versus THE STATE OF BIHAR ----------- 3 15.05.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is apprehending arrest in Mairwa P.S. Case No. 56/2007 under section 419 and 420 of the Indian Penal Code. The allegation in the F.I.R., which was lodged by the Secretary of the Madarsa in question is that the petitioner being the head Maulvi of the Madarsa received the forms and the fees for an examination to be conducted by the Bihar State Madarsa Board but, since it was never deposited, the students of this Madarsa were denied opportunity to sit for the exam. It is also alleged that just before the scheduled date of examination, the petitioner disappeared with the records. Petitioner therefore, has been charged under section 419 and 420 of the I.P.C. Learned counsel for the petitioner pleads innocence and his submission is that the basic ingredients of sections 419 and 420 are not made out as per the allegations it could be a case under any other section of the I.P.C. Besides he also submits that he is a victim of local politics of the Secretary of Madarsa and he is more sinned than the sinner. However, looking at the entirety of the situation, in the event of his arrest/surrender within four weeks from today, let the petitioner namely Md. Obaidullah, be enlarged on bail on furnishing bail bond of the sum of Rs. 10,000/- (ten thousand) with two sureties 2 of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. Case No. 56/2007 subject to conditions under section 438(2) of the Cr.P.C. petitioner shall render full cooperation in investigation of the case and shall not abscond one of the bailer executing surety on behalf of the petitioner shall be executed by the father of the petitioner. Rajeev/- (Ajay Kumar Tripathi, J.)