IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18827 of 2009 1. CHULHAI RISHI 2. BAISHAKHI RISHI both sons of Late Maharaj Rishi 3. CHAMAK LAL RISHI S/o Late Manglu Rishi 4. REKHA DEVI Wife of Wakil Rishi Versus Petitioners STATE OF BIHAR ----------- 2 27.05.2009 Heard learned counsel for the parties. The petitioners are Harijans apprehend arrest in Manihari P.S. Case no.219 of 2008 instituted under sections 406 and 420 of the Indian Penal Code. This case has been instated pursuant to a complaint case no. 2374 of 2008 filed against the petitioners inter-alia on allegation by a ward commissioner that the petitioners had been given money for constructing the houses under Indra Awas Yojana. They had not constructed their houses and had eaten away the money. Learned counsel for the petitioners submits that earlier petitioners had filed complaints against Mukhiya and his family members alleging that they had embezzled their money which they were entitled to get under Indra Awas Yojana. Those complaints which were later referred to the police for investigation, charge sheet was submitted and cognizance has been taken. This is only indirect retalionary measure to bring pressure on the petitioners to withdraw their earlier complaints of embezzlement against Mukhiya and his family members. In the events of arrest or surrender before the court below within four weeks from today, the petitioners, namely, 1. Chulhai - 2 - Rishi 2. Baishakhi Rishi 3. Chamak Lal Rishi and 4. Rekha Devi shall be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Manihari P.S. Case no. 219 of 2008 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Navaniti Prasad Singh , J)