Dharmendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.988 of 2015 Arising Out of PS.Case No. -243 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Dharmendra Chaudhary Son of Laxmikant Chaudhury Resident of Village/Mohalla- Kushmaha, P.S.- Amarpur, Distt- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2015 The petitioner is apprehending his arrest in connection with Amarpur P.S.Case No.243/2014 instituted under Sections 406 and 420 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that one Sanjay Kumar Singh District Co-ordinator of Zila Jal Avam Suraksha Samiti Prakalp, Banka submitted a written report before the officer incharge of Amarpur police station alleging therein that on the basis of complaint lodged against the petitioner regarding demand of alleged gratification an enquiry was conducted by the Programme Officer, Amarpur,Banka who has submitted his report before the Deputy Development Commissioner and on the basis of alleged enquiry report present FIR has been lodged against the petitioner with allegation that for construction of

Patna High Court Cr.Misc. No.988 of 2015 (3) dt.14-05-2015 2/2 personal toilet the petitioner allegedly demanded Rs. 1000/- before sanctioning of payments.

It has been submitted on behalf of the petitioner that the petitioner is the Mukhiya of the Panchayat and out of political rivalry he has falsely been implicated in the present case .it has further been submitted that the petitioner is ready to deposit an amount of Rs. 10,000/- in the court below which shall be subject to final result of the case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is specific allegation against him.

Considering the fact that the petitioner is ready to deposit an amount of Rs. 10,000/- in the court below, which shall be subject to final disposal of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of five weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,Banka, in connection with Amarpur P.S.Case No. 243/2014 , subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T