IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40261 of 2009 KRISHNA GOPAL SON OF SHEO DHWAJA THAKUR, RESIDENT OF VILLAGE CHHEWARI, P.S. RAMGARH DISTRICT – KAIMUR (BHABHUA) AT PRESENT ASSISTANT TEACHER, NEW PRIMARY SCHOOL, RAWAN, P.S. SONHAN (BHABHUA) DISTRICT – KAIMUR (BHABHUA) Versus STATE OF BIHAR . ----------- 02. 14.12.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 353, 504/34 of the Indian Penal Code AND 3(x) of SC/ST (Prevention of Atrocities) Act. It has been submitted on behalf of the petitioner that the present case was lodged against the petitioner for ulterior purpose, as a matter of fact, series of complaints have been levelled against the informant by the villagers as well which would appearing on perusal of the Annexure – 5 dated 18.08.2009. Thereafter, the present complaint has been filed on 22.08.2009. He further submits that the dispute is with regard to marking of attendance, however, there is no allegation of committing any offence attracting the provisions of SC/ST (Prevention of Atrocities) Act. The allegation of torture by calling her caste name by this petitioner is absolutely false. Learned counsel for the informant submits that 2 petitioner committed the above offence in public view. Learned counsel for the State submits that informant has alleged that she was often tortured. 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, above named, 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua (Sonhan) P.S. Case No. 345 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish ( Shailesh Kumar Sinha, J.)