IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20751 of 2010 NAGINA PRASAD, S/O DASARATH PRASAD R/O VILLAGE SARASTI DERA, P.S. ITARHI, DISTRICT- BUXAR…PETITIONER Versus STATE OF BIHAR. . . .OPP PARTY For the petitioner……………………………….Mr. Jagdish Prashad For the state……………………………………..Mrs. Madhuri Lata ----------- 2 23-06-2010 Heard the parties. Petitioner apprehends his arrest in complaint case in which cognizance has been taken for offences under sections 409 and 504 of Indian Penal Code. The complainant was posted as Block Education Extention Officer, Itarhi in the district of Buxar. The petitioner was working on the post of night guard in that office on daily wage basis by virtue of order dated 28-3-2003 (Annexure-2). At the time of engagement of the petitioner for the purpose of his marriage, he is alleged to have borrowed certain articles worth Rs. 4,250/- only from the complainant and is alleged to have not returned those articles. It is submitted by learned counsel for the petitioner that as a matter of fact, the petitioner was removed from the post of night guard by order dated 30-06-2003(Annexure-2/1), against which petitioner moved before this Court under writ jurisdiction challenging the validity of the said order. In the writ petition petitioner made certain allegation of bias against the complainant and coming to know about such allegation, the present complaint petition vide Annexure-1 was filed on 30-09-2003. Apparently the petitioner has already been punished for the omission and commission, if any. Be that as it may, in the facts and circumstances of the 2 case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. , Buxar in connection with complaint case No. 554(c)/2003 subject to the conditions as laid down under section 438(2) Cr.P.C.. S.P. ( Birendra Prasad Verma ,J. )