IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38793 of 2008 1. BIRESH RAI son of Late Kamla Rai resident of village- Hariharpur, P.S.- Yadavpur in the District of Gopalganj, presently, In-charge Mukhiya of Raj Akederwa Gram Panchayat 2. HARE KRISHNA RAI @ HARE KRISHNA SINGH son of Late Jagdeo Rai, resident of village Rajokhar P.S.- & District- Gopalganj Versus STATE OF BIHAR ----------- 2 03.12.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under sections 323, 162, 167, 384 of the Indian Penal Code and section 3 (X) of the SC/ST (Prevention of Atrocities) Act. It has been submitted on behalf of the petitioners that for selection of Panchayat Teacher a select list was prepared in which the name of the complainant was included, however at the time of counseling the complainant did not turn up and as such her case could not be considered for appointment. It is further submitted that after the process for selection was over the complainant came and protested, however the counseling of the complainant was not taken since she had not turned up for counseling at the material time. It is further submitted that the present complaint has been filed for ulterior purposes alleging the demand of money, - 2 - as a matter of fact, the complaint has been filed at the behest of the Ex-Mukhiya who was defeated in election. Notwithstanding the above it is submitted that from the complaint it would appear that the complainant did not make any complain before any higher authority for her non-selection or not taking her for counseling. Having considered the submissions, as noticed above, and 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 petitioners, 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 the Chief Judicial Magistrate, Gopalganj, in connection with Yadavpur P.S.Case No. 1 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)