IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35923 of 2011 1. Ranvijay Singh @ Bhikhari Singh, S/o Late Babulal Singh, resident of village-Barua Tole, Lakshmipur Kakadhiya, P.S.-Dighwara, District- Saran. 2. Raju Singh, S/o Indradeo Singh, resident of village-Ramdaschak, P.S.- Dighwara, District-Saran. 3. Vinay Singh, S/o Late Pashupati Nath Singh, resident of village-Barua, P.S.-Dighwara, district-Saran. ……….Petitioners Versus The State of Bihar ……..Opp. Party. ----------- 2 25.10.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 323, 379, 406, 427, 504/34 of the Indian Penal Code and Section 3 (i) (x) of the S.C. & S.T. (Prevention of Atrocities) Act. It is stated that wife of petitioner no. 1 and mother of petitioner no. 2 are ward members of ward no. 7 and ward no. 14 respectively. They made representation to the District Magistrate and Divisional Commissioner regarding certain irregularities and mis-conduct of the Mukhiya of Gram Panchayat, Barua and the informant being a supporter of the Mukhiya has been set up by her and a malicious prosecution has been launched. Advancing the argument it is further stated that the petitioner no. 1 had made a complaint to the D.M., Saran, Chapra with regard to illegal allotment of Indira Awas on 9.4.2007. In the complaint the name of the informant and his wife has been given and it was alleged that the Mukhiya, Panchayat Secretary and the Panchayat Supervisor in conspiracy with each other had committed serious 2 irregularities in selection of beneficiaries under the Indira Awas Scheme. In this background no one would believe that the complainant would have given money to the petitioner no. 1. Further on admitted facts of complaint the complainant would himself be liable to be prosecuted for criminal breach of trust as he admits that he being a beneficiary under the Indira Awas Scheme gave the money to petitioner no. 1 as loan which under no circumstance would be permissible in law. In course of investigation, some of the witnesses have supported the defence version. It is also submitted that the present case is a gross case of misuse of Section 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Be that as it may considering the facts and circumstances of the case, let the petitioners, namely (i) Ranvijay Singh @ Bhikhari Singh, (ii) Raju Singh and (iii) Vinay Singh in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur in connection with Hajipur S.C. & S.T. P.S. Case No. 273 of 2008 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/Md.S. (Ashwani Kumar Singh, J.) 3