Prof. (Dr) Madan Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35544 of 2019 Arising Out of PS. Case No.-943 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

PROF. (DR) MADAN MURARI S/o Surith Singh Resident of 34, Kasturba Path, North Sri Krishnapuri, P.S.- Sri Krishnapuri, Patna 2.

Vishwanath Yadav S/o Siddhnath Yadav At present resident of 34, Kasturba Path, North Sri Krishnapuri, P.S.- Sri Krishnapuri, Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Premlata Chaudhary, wife of Ganga Prasad Chaudhary, resident of Baraipura, P.O. & P.S. Birpur, District- Begusarai

3. The Bihar School Examination Board, through its Secretary. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-08-2019 Heard learned counsels for the petitioners, the Board, the State and the opposite parties no. 2. Petitioners apprehend arrest in connection with Bihta (Neura) P.S. Case No. 943 of 2018 registered for the offence punishable under sections 406, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have not committed any offence. The informant and his daughter were well aware with the fact regarding affiliation. It is further submitted that the College moved the matter before this Court for grant of affiliation, which was allowed by a

Patna High Court CR. MISC. No.35544 of 2019(3) dt.08-08-2019 2/3 Division Bench of this Court vide judgment dated 28.03.2019 (Annexure-8). The Bihar School Examination Board challenged the same before the Hon'ble Supreme Court in S.L.A. (C) No. 13035 of 2019, which was dismissed vide order dated 02.07.2019 (Annexure-9) and thereafter the Board, vide its order dated 29.07.2019(Annexure-10), has granted affiliation to the College from Academic Sessions 2016-18, and as such, the grievance of the informant has been redressed. Petitioners are men of clean antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, I, Danapur in connection with Bihta (Neura) P.S. Case No. 943 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T

Patna High Court CR. MISC. No.35544 of 2019(3) dt.08-08-2019 3/3