Mahtab Alam Siddique @ Mahtab Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32135 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Mahtab Alam Siddique @ Mahtab Siddique, S/o Md. Sabbir Siddique, R/o Village- Sirsa, P.S.- Baikunthpur, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Veerendra Narayan, Advocate For the Opposite Party/s : Ms. Madhuri Lata (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Baikunthpur P.S. Case No.49 of 2015 for allegedly having committed the offence under Sections 341, 353, 379, 385, 419, 420, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case has been occasioned on account of the fact that the petitioner is an R.T.I. activist, who has been espousing the cause of mass scale irregularities in the conduct of the activities within the District-Gopalganj. It is submitted on behalf of the petitioner that the local authorities in connivance with other

Patna High Court Cr.Misc. No.32135 of 2015 (2) dt.14-08-2015 2/3 functionaries in the field have been indulging in the irregularities in the mid-day meal scheme and the petitioner was seeking information with regard to the same, for which he had filed several applications. When such information was not received by him, he filed an appeal case before the State Information Commission and vide letter contained in Memo No.5622 dated 22nd September, 2014, the concerned officers were asked to explain why information has not been provided to this petitioner.

Learned counsel further submits that the concerned Block Development Officer and the Project Officer being annoyed with such action and the letter being issued to them, had initiated the present prosecution against him, making false and frivolous allegation and for the said purpose, he had instigated Anganwari Sevika to file the present case.

Patna High Court Cr.Misc. No.32135 of 2015 (2) dt.14-08-2015 3/3 of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Baikunthpur P.S. Case No.49 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T