IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30529 of 2009 PRAMOD KUMAR & ANR Versus STATE OF BIHAR ----------- 2. 3-Sep-09 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners are; the chairman and member of the Vidyalaya Shikcha Samitee. Allegation against them is that though parents of the students were regularly informing the headmaster and members of the school committee regarding precarious condition of the building and possibility of any serious accident, it was ignored by them. The students were allowed to continue their education in the dilapidated class room and due to their negligence and carelessness, the occurrence took place. Allegation is that they have committed offence u/Ss 288 & 308 of the Indian Penal Code. Counsel for the petitioners submits that there is no attempt to commit culpable homicide. Petitioners have informed the higher authorities for release of fund to repair the building. Since it was not released, the occurrence took place. Considering the fact that it is not the individual liability of the petitioner but the joint liability, prayer for grant of anticipatory bail is allowed. In the event of surrender or arrest within four weeks from today, the petitioners, namely, Pramod Kumar and Rajiv Kumar are directed to be released on bail on 2 furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Konch P.S. Case No. 14/09 to the satisfaction of Chief Judicial Magistrate, Gaya subject to the conditions as laid down u/S 438(2) of the Cr.P.C. Akv/ (Mridula Mishra, J.)