IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14228 of 2010 Sima Mishra, W/o Shri Triloki Kumar Mishra, resident of Village- Banni, P.S. Khaira (Nagra O.P.) District- Saran. …………………………………………Petitioner. Versus The State of Bihar ………………………Opposite Party. For the petitioner :- Mr. Ashok Kumar Chaudhary,Advocate. Mr. Anil Kumar Tiwary, Advocate. ----------- 2. 21. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 406, 409, 420, 467 and some other allied offences of the Indian Penal Code, the informant/complainant is sitting Mukhiya of Gram Panchayat in question. In the F.I.R. vide Annexure-1, previous Mukhiya along with two other persons including the petitioner have been arrayed in the category of accused. According to the prosecution case, co-accused Suruchi Kumari was illegally appointed on the post of Panchayat Shiksha Mitra in the year 2006 for the Gram Panchayat in question and petitioner, being the Chairman of Education committee and one of the member of the selection committee was also responsible for such illegal/irregular appointment. It is submitted by the learned counsel for the petitioner that subsequently, appointment of co-accused Suruchi Kumari from the post of Panchayat Shiksha Mitra/Panchayat teacher was cancelled by the competent authority. It is also submitted that even if co-accused Suruchi Kumari was appointed on the basis of alleged forged document then also petitioner can not be held solely 2 responsible for the same as the selection committee was consisting of several persons. Further no criminal offence can be said to have been committed by the petitioner, in the facts of the present case. Furthermore, the present informant was elected on the post of Mukhiya in the year 2006 and after a lapse of about two years, he filed the complaint case in the year 2008, giving rise to the present F.I.R. Vide Annexure-1. Main accusation is against his rival candidate for the post of Mukhiya i.e. co-accused Tribhuwan Kumar Mishra, who happens to be elder brother of the husband of the petitioner.It is submitted that entire prosecution case is the result of political rivalry between the informant and co-accused Tribhuwan Kumar Mishra, the previous Mukhiya of the Gram Panchayhat in question. Be that as it may, in the facts and circumstances of the case and primarily on the ground that entire dispute is regarding appointment on the post of Panchayat Shiksha Mitra of co-accused Suruchi Kumari, in that view of the matter, in the event of her arrest/surrender in the court below in connection with Khaira (Nagra O.P.) P.S. Case No. 50/2008, within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)