Tarachand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14789 of 2016 Arising Out of PS.Case No. -77 Year- 2013 Thana -BAUNSI District- ARRARIA ====================================================== Tarachand Paswan S/o Late Agacharu Paswan village / Mohalla Om Nagar, Ward No. 08, Araria, P.S. Araria, District - Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bousi P.S.Case No. 77/2013, disclosing offences under sections 420, 466, 468, 409 of the Indian Penal Code.

The petitioner was, at the relevant point of time, posted as Panchayat Secretary, Gram Panchayat Raj, Mirzapur, in Raniganj Block of Araria District. The present First Information Report came to be lodged on 8.9.2013 for the alleged occurrence said to have taken place on 16.8.2013, by the C.D.P.O., Raniganj alleging that one Uma Devi was selected as Sevika of Anganwari Centre, Sakundlal Mushahri Tola under the said Gram Panchayat in a meeting held on 4.6.2007, but her name was erased by applying whitener and thereafter the name of one Bibi Roushan Ara was

Patna High Court Cr.Misc. No.14789 of 2016 (2) dt.03-05-2016 mentioned and accordingly, a selection letter was issued in favour of Bibi Roushan Ara.

It is submitted on behalf of the petitioner that the First Information Report has been lodged by the C.D.P.O. for the sole purpose of saving her own skin. He has drawn my attention to Annexure 2 of the application, which is a communication made by the present petitioner, addressed to the Block Development Officer dated 8.6.2007, wherein he is said to have described the manner in which the name of the said Uma Devi was erased at the instance of C.D.P.O., who is the informant of the case and the petitioner was coerced to put his signature in the register. It has been submitted that these facts have come in course of investigation and the petitioner being the public servant, there is no chance of his absconding from the course of investigation or trial.

Considering the facts and circumstances and the submissions so advanced, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri Manoj Kumar, Judicial Magistrate, 1st Class, Araria in Bousi P.S.Case No.

Patna High Court Cr.Misc. No.14789 of 2016 (2) dt.03-05-2016 laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U