Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39238 of 2016 Arising Out of PS.Case No. -143 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Santosh Kumar Son of Late Suresh Singh resident of Mohalla Shiv Nagar, Postmortem Road P.S. & District- Nawada, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Upadhyay For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-10-2016 Heard both sides.
The petitioner apprehends his arrest in Teghra P.S. Case No. 143 of 2016, registered for the offences punishable under Sections 353, 120(B), 409 and 511 of the Indian Penal Code.
It is alleged that the petitioner absented himself from his duty since 21.12.2015 without permission and many important documents were under his lock.
Learned counsel for the petitioner submits that the petitioner had gone for treatment of his mother taking leave for four days but the petitioner did not join his service only because his mother was suffering from jaundice. If the petitioner did not obey the order of the superior authority of the department, the
Patna High Court Cr.Misc. No.39238 of 2016 (3) dt.27-10-2016 2/2 department may put him under suspension or may initiate any departmental proceeding, but no case under Section 409 of the Indian Penal Code is made out.
Considering the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 143 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T