IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11701 of 2010 MAHENDRA MAHALDAR Versus STATE OF BIHAR ----------- 3/ 24.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail in a police case registered under section 376/511 of the Indian Penal Code as well as section 3(xi) of the SC and ST (Prevention of Atrocities) Act. It is submitted by learned counsel for the petitioner that even assuming the allegation made in the F.I.R., no case under section 376/511 of the Indian Penal Code is made out is against the petitioner and the case if any made out under section 354 of the I.P.C. which is bailable. Moreover the present case has been lodged in retaliation of the complaint filed by the petitioner against the informant’s family on 25.11.2009 before the Sarpanch, Sanokhar Gram Panchayat, Bhagalpur for non-payment of wages. Thereafter the present case has been filed by the complainant with frivolous allegation. The petitioner is languishing in jail since 04.01.2010 and he has no criminal antecedent. Considering the aforesaid submission, only for the purpose of bail, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 10,000/- - 2 - with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Sanokhar P.S. Case No. 78 of 2009. ( Dinesh Kumar Singh, J ) BTiwary/