Radhey Shyam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38831 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -ATHMALGOLA District- PATNA ======================================================

1. Radhey Shyam Pandey son of Sitaram Pandey, Resident of VillageSabnima , Police Station- Athmalgola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354, 504/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that the petitioner being the Headmaster of Government Middle School, Athmalgola mistreated the informant being Assistant Teacher in the said school by using derogatory words. The informant subsequently complain to the Block Education Officer, who called a meeting of the teachers on the point of humiliating the informant and in the meeting she was further humiliated by the Block Education Officer. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38831 of 2015 (2) dt.30-09-2015 petitioner that the informant is a daughter of retired Inspector General of Police and she used not to come to school on time, leading to making complain by the petitioner, hence the false accusation has been levelled. It is further submitted that for the occurrence of 11.02.2015 the First Information Report was registered on 12.02.2015, which reached to the court of learned Sub-Divisional Judicial Magistrate on 16.02.2015, which reflects that the First Information Report was registered by ante-dating. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the accusation in the background of dispute in a school, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Athmalgola P.S. Case No. 30 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T