IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24935 of 2010 SUNDER PRASAD MANDAL & ANR Versus STATE OF BIHAR ----------- 02. 04.08.2010 The matter was mentioned to be taken up out of tern since petitioner No. 1 is suffering from Cancer. Petitioner No. 1 being the Mukhiya and petitioner No. 2 being the son of petitioner No. 1 are apprehending their arrest in a case registered under Sections 384, 387, 447, 34 of the I.P.C. and Section 3(x)(xi) of the S.C. S.T.(Prevention of Atrocity) Act. It is alleged by the informant that on 26.03.2009 the informant withdrew Rs. 20,000/- sanctioned for constructing the house under Indira Awas Yojana. It is alleged that petitioners and one Dinesh Mandal,the Punchayat Secretary demanded Rs. 5000/- on 27.03.2009 and took Rs. 5000/- out of Rs. 20,000/-. It is submitted by learned counsel for the petitioners that the F.I.R. has been lodged after 13 months of the occurrence and there was no occasion for the informant to give money to the petitioner No. 2 who is not holding any post in the Punchayat. It is further submitted that Annexures-2 and 3 suggest that when the adversaries of the petitioners got involved in the criminal cases they set up this informant to lodge 2 frivolous case against the petitioners. Annnexure-6 reflects that petitioner No. 1 is suffering from Cancer who is aged about 77 years. Learned counsel for the State Mr. Tiwari submits that there is allegation of taking money by the petitioners. Considering the delayed lodging of the F.I.R., the disease and the age of petitioner No. 1 and also the fact that petitioner No. 2 is not holding any post in the Punchayat, let the petitioners namely 1. Sunder Prasad Mandal 2. Kishore Kumar Mandal, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 40 of 2010. Shageer ( Dinesh Kumar Singh, J.)