IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13274 of 2010 MD. ABUL HASSAN, son of Late Bikaullah, resident of vill.- Ratanpura, P.S.-Bajpatti, Distt.-Sitamarhi. .. Petitioner Versus THE STATE OF BIHAR .. Opposite party ----------- For the Petitioner : M/s N.K.Agrawal, Sr. Advocate & Dinesh Jha, Advocate. For the State : Mr. Sanjay Kumar Tiwari, Addl.P.P. ------------ 02/ 14-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 323 and 420 of the Penal Code, the complainant claims that he had paid rupees three thousand to co-accused Nawal Kishore Singh for getting the scheme under Indira Aawas sanctioned in his favour, who, in turn, is said to have paid that amount to the petitioner, who is a Mukhiya. It is further alleged that despite payment of the aforesaid amount of rupees three thousand, neither scheme has been sanctioned nor money has been returned to the complainant, and on demand he was assaulted and hurled abuses. Learned counsel for the petitioner submits that the complainant had already been given benefits under the Indira Aawas twice, firstly in the year 1992 and secondly in the year 2001, and therefore, under law he could not have been given the benefits afresh. It is further submitted that the scheme in question has not been sanctioned as yet, and therefore, the allegation of payment of rupees three thousand in advance appears to be 2 doubtful. Be that as it may, in the aforesaid facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.C1- 22/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jai Prakash, Judicial Magistrate, Ist Class, Pupri at Sitamarhi, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)