Dr. Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20497 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -HARIJAN District- SASARAM (ROHTAS) ======================================================

1. Dr. Kanhaiya Singh S/o Mahesh Singh R/o Tumba, P.O. Ramdihra, P.S. + District Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar @ Manu For the Opposite Party : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 354, 504, 506 of the Indian Penal Code and Section 3(1)(x)(xi) of the SC & ST (Prevention of Atrocities) Act.

It is alleged by the informant being Vikash Mitra of Gram Panchayat Tumba that petitioner being husband of the Panchayat Mukhiya interfered in the official work, abused her by calling caste name and tried to drive her out from the office.

It is submitted by learned counsel for the petitioner that due to the political rivalry the accusation has been levelled and for the occurrence of 25.08.2014 the First Information Report was registered on 29.08.2014. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.20497 of 2015 (2) dt.05-05-2015 2/2 Considering the delayed lodging of the case and the nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri at Rohtas in connection with SC/ST(Dehri) P.S. Case No. 43 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted on filing affidavit by the petitioner to the effect that petitioner will neither enter into panchayat office nor interfere in the functioning of Panchayat body nor will be present in any meeting of the Panchayat.

Let the aforesaid affidavit be transmitted to the concerned Police Station by learned Court below, when it is expected from the concerned Police Station to paste the said affidavit at the conspicuous places in the panchayat and keep a constant watch on the movement of the petitioner and if it is found that petitioner, in any way is interfering with the functioning of the panchayat then report to the Court below when the bail bonds of the petitioner will be cancelled by learned court below forthwith.

(Dinesh Kumar Singh, J) Shageer/- U T