IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29936 of 2008 RAM NARAIN CHAUDHARY son of Late Bader Chaudhary, at present Gram Sewak Gram Panchayat Raj, Bhabhatta, P.S. Sathi District- West Champaran RENU DEVI wife of Bhutkun Singh @ Sateydev Singh, resident of village- Bhabhata, P.S.- Sathi, District- West Champaran. Versus STATE OF BIHAR ----------- 3 12.11.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 323, 341, 406, 420 of the Indian Penal Code. Allegation against the petitioners, who are the Mukhiya and Gram Sewak of the concerned Gram Panchauat is that in the matter of appointment of Panchauat teachers the complainant’s wife was not appointed although she was the next candidate for being appointed against the unreserved category. It is further alleged that these petitioners did not appoint the complainant despite receiving bribe from him and made the appointment in favour of the candidate below the complainant in the merit list after taking more money from him. It is submitted on behalf of the petitioners that the complainant’s wife was at sl.no.3 in the merit list and the candidates at sl. nos. 1 & 2 were appointed ant the case of the complainant’s wife could not be considered - 2 - since she could not appear and as such, the candidate at sl. No.4 was appointed. As such, she could not be appointed on account of her own inaction. It is further submitted that the complainant has filed the present complaint on the allegation that money transactions were effected in the matter of appointment. It is further contended that the present complaint has been filed for ulterior purposes which would be evident from the fact that the complainant’s wife did not assail the appointment of the candidate below her in the merit list before any authority or forum up-till-now. Learned counsel appearing for the complainant submits that the witnesses have supported the allegation and as such cognizance of the offence was taken. Learned Addl. P.P. appearing for the State submits that although the complainant alleges that her case was wrongfully ignored in the matter of appointment, however no such complaint was made before any authority. 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 six weeks from today, the petitioners, namely, Ram Narain Chaudhary & Renu Devi be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) - 3 - each with two sureties of the like amount each to the satisfaction of Sri N.K.Tripathy, J.M.Ist Class, Bettiah in connection with Complaint Case No. 670 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)