IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44673 of 2010 1.PRAFULLA KUMAR CHATURVEDI @ PRAFULLA KUMAR CHOUBEY @ LATKUN CHAUBEY S/O AMBUJESH CHOUBEY,RESIDENT OF BIRA CHAPRA,P.S.,SHYAMPUR, BHATAHAN, DISTRICT- SHEOHAR. 2.LAL BABU S/O LATE SHEIKHA SADIQUE,RESIDENT OF BHORAHA, P.S. SHYAMPUR BHATAHA, DISTRICT- SHEOHAR. …………. PETITIONERS. Versus THE STATE OF BIHAR …….. O.P. ----------- 3 26.3.2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution based on complaint petition vide Annexure-1 for offences under sections 323 and 504 of the Indian Penal Code and under section 3 (I)(x) of S.C. & S.T. ( P.O.A.) Act. It is submitted that petitioners are the Ward members of Gram Panchayat Naya Gaon West. The allegation against the accused persons is that they have embezzled the money allotted to the complainant under Indira Awas scheme.It is contended that, as a matter of fact, the complainant was never selected for grant of benefits under Indira Awas Scheme. During the course of enquiry under section 202 Cr.P.C. such allegation was not found established. It is further submitted that in view of ratio laid 2 down by this Court in the case of Sajjo and another versus the State of Bihar, reported in 2010 (2) PLJR 690 the offence under the provisions of S.C. & S.T. (P.O.A.) Act is not made out against the petitioners. In the facts and circumstances of the case, the petitioners above named in the event of their arrest/surrender before the court below within four weeks from today shall be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheohar at Sitamarhi, in connection with Complaint Case No.C-1-177/2009, subject to the conditions as laid down under section 438(2) of Cr.P.C. and subject to further conditions that: (A) (A) one of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing their relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for 3 cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. Anilkr.sinha (Birendra Prasad Verma,J.)