Kumar Gaurav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39651 of 2016 Arising Out of PS.Case No. -1867 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Kumar Gaurav son of Shri Shyam Prakash Narain Singh, resident of village- Rameshwarnam Colony, Police Station- Hazipur, District- Vaishali. Executive Engineer Gopalganj Electrical Supply Division, Gopalganj.

2. Satish Yadav @ Kumar @ Satish Kumar son of Shri Jharilal Rai, resident of village- Chainpur, Police Station- Bheldi, District- Saran at Chhapra. Junior Engineer, Electric Supply Division, Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dr. Baidyanath Pd. Singh son of Late Bake Bahadur Singh, resident of village- Gopalganj- Siwan Marg (Thawe), Ward No. 22, P.S.+DistrictGopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 1867 of 2013, registered for the offences punishable under Sections 406 and 34 of the Indian Penal Code. The complainant alleged that the petitioners came to his house for checking the electric meter and checking the theft of electric energy. It is alleged that the petitioners demanded Rs. 20,000/- on the allegation that the complainant was consuming more electric than the sanctioned unit strength. Petitioner no. 1,

Patna High Court Cr.Misc. No.39651 of 2016 (2) dt.17-09-2016 2/2 Executive Engineer, received Rs. 20,000/- from the complainant. It is submitted that entire allegation is false and concocted. The petitioners and other officials of the electric supply company raided the house of the complainant on 08.07.2013 and found that the complainant was committing theft of electric energy for which Gopalganj Town P.S. Case No. 295/2013 was registered under Section 379 of the Indian Penal Code and 126, 135, 138 of the Electricity Act.

Considering the nature of allegation made against the petitioners, the petitioners above named in the event of their 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Dev Priya Kumar, Judicial Magistrate 1st Class, Gopalganj in connection with Complaint Case No. 1867 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T