IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32451 of 2008 ---- Dwarika Prasad Singh, son of Late Rameshwar Prasad Singh, Resident of village- Kuldip Nagar 44 No. Dhala, Police Station- Sadar Officer Barhat, Police Station- Barhat, District- Jamui. …. …. Petitioner. Versus The State of Bihar. …. ….Opposite Party. ----------- 2 30.09.2008 Heard learned counsels for the petitioner and the State. Petitioner, who is the Block Welfare Officer, is an accused for the offence under sections 323 of the Indian Penal Code and section 3(I)(X)(XV) of the SC/ST (Prevention of Atrocities) Act. The allegation, in nut-shell, is to the effect that on 25.10.2007 the election for constitution of the School Education Committee was held without notice to the petitioner, and as such, he got aggrieved and made a complaint to the petitioner and thereupon he was assaulted and was treated with abusive language attracting the aforesaid offence under the SC/ST Act, It has been submitted on behalf of the petitioner that the very foundation of the complaint is not correct since on perusal of the proceedings of the Block Development Officer, as contained in Annexure-2 to the petition, it would appear that the alleged constitution of - 2 - the School Education Committee was not held on 25.10.2007, and as such, the complain that he got aggrieved on account of such constitution is absolutely baseless and contrary to record nor any offence as alleged under the provisions of the aforesaid SC/ST Act is made out. Learned counsel for the informant as well as the State in view of the proceedings of the Block Development Officer is not in position to refute the submissions. 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 petitioner, namely, Dwarika Prasad Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 1491 C of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)