IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43470 of 2009 1. HARIHAR PRASAD 2. Kaushalya Devi. Versus STATE OF BIHAR . ----------- 2. 04.12.2009 Heard the counsel for the petitioners and the counsel appearing for the state. . F.I.R. has been instituted for offence u/Ss 288, 308/34 of the Indian Penal Code. The wall of the class room of the school fell down causing injury to the students. Counsel for the petitioners submits that regularly the condition of the building and need for its repairing was being communicated to the higher authorities for release of fund but the same was ignored and finally, this caused accident. It was not intentional negligence by the petitioner an the petitioner cannot be saddled with the liability of committing culpable homicide. It is also submitted that petitioner is the members of Shiksha Samiti and his case stands on similar footing as of the co-accused, Ram Swaroop Prasad, headmaster of Govt. Middle School, Konch who has been granted bail today in Cr. Misc. No. 36160/09 itself. Considering the fact, the prayer for grant of anticipatory bail on behalf of the petitioners, above-named is allowed. They are directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing a bail bond of Rs.10,000/- - 2 - (rupees ten thousand) each with two sureties of the like amount each in connection with Konch P.S. Case No. 14/09 to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. akv (Mridula Mishra, J.)