IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21038 of 2010
RAMKRIT MAHTO son of Late Nathuni Mahto
Ex-Panchayat Secretary, Grampanchayat Mohanpur, P.S. Piprahi, Dist.
Sheohar .......petitioner.
Versus
The State of Bihar. .......O.P.
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For the petitioner: Mr. N.K. Agrawal, Sr. Advocate.
For the State : Mr. Ram Priyasharan Singh, A.P.P.
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2 7.7.2010 Heard the parties.
The petitioner apprehends his arrest in a complaint
case in which cognizance has been taken for offences under
sections 341, 323, 504 and 506 of the Indian Penal Code as also
under section 3(1) (X)(XI) & 3 (2) (VII) of the SC & ST (P.O.A)
Act.
It is submitted that the present complainant had
originally filed complaint case No. 279 of 2008 which was sent to
the police by learned Magistrate in exercise of power under
section 156(3) Cr.P.C., which gave rise to Piprahi P.S. Case No. 1
of 2009 dated 5.1.2009. In that case the petitioner besides others
was named as accused. The aforesaid criminal case was
investigated by the police and on close of investigation police
submitted final report dated 13.4.2009 and the petitioner was not
charge sheeted. Where-after a protest petition filed by the
informant was treated as a complaint giving rise to present
complaint petition vide Annexure-1 and on the basis of inquiry
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cognizance was taken against the petitioner besides others. It is
further submitted that the entire dispute is regarding appointment
on the post of Anganbari Sevika. It is also submitted that in the
facts and circumstances of the case, the offences alleged under the
provision of SC & ST (P.O.A) Act are not applicable and ,
therefore, the present petition under section 438 Cr.P.C. is
maintainable. All the offences under the Penal Code are bailable
one.
In the aforesaid facts and circumstances, in the event
of arrest or surrender in the court below within a period of four
weeks from today, the above named petitioner shall be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of like amount each to the satisfaction of S.D.J.M,
Sheohar At Sitamarhi, in connection with Case No. C-1/192/09,
subject to the conditions laid down under section 438 (2) Cr.P.C.
( Birendra Prasad Verma, J. )
M.Rahman