IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30031 of 2008 MOTI MAHTO Versus STATE OF BIHAR ----------- 2 26.09.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused in a case registered for the offence under sections 341, 342, 323, 420, 504/34 of the Indian Penal Code. The allegation is that the petitioner, who is the Mukhiya demanded rupees ten thousand for appointing the petitioner as Anganbari Sahayika in his Gram Panchayat. It is further alleged that the complainant made application for the same, however her application was not found while the Aam Sabha was conducted and as such the same was postponed and the Aam Sabha was held again and in that also the application of the informant was not considered. It has been submitted on behalf of the petitioner that as a matter of fact the complainant did not make any application for consideration, and as such, eligible persons were considered by the Aam Sabha and appointments were made. It is further submitted that even before such appointment neither the informant made any application before any authority nor took any - 2 - civil recourse for assailing the appointment or for not appointing her. It is further submitted that the present complaint has been filed alleging absurd allegation of demand of rupees ten thousand only to humiliate the petitioner, who is the Mukhiya. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed above, and 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 petitioner, namely, Moti Mahto 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 the Judicial Magistrate, Ist Class, Rosera in connection with Complaint Case No. 367 of 2007, T.R.No. 2055 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)