Siya Sharan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42806 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- BIKRAM District- Patna ====================================================== Siya Sharan Prasad, Son of Ram Aashray Yadav, Resident of Village- Mohan Chak, P.O.- Akhtiyarpur, Bikram P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Jha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2019 The petitioner apprehends his arrest in connection with Bikram P.S. Case No. 64 of 2019 (G.R. No. 590 of 2019) registered under Sections 353, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, lodged by Block Development Officer is that while the informant was holding a meeting in the Block Office with Panchayat Secretary, the petitioner forcibly entered into meeting hall and started making noise with Panchayat Secretary and when informant tried to stop the petitioner, he abused and threatened them for dire consequences.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner as alleged. The learned counsel further submits that the fact of the

Patna High Court CR. MISC. No.42806 of 2019(2) dt.11-07-2019 2/3 matter is that the petitioner had applied for a birth certificate of his granddaughter and grandson in the BDO office on 04.02.2019 and the office of the BDO along with informant were harassing the petitioner and were not issuing the birth certificates of his granddaughter and grandson. The petitioner when insisted for issuance of birth certificates, the same were issued but without having any signature that would be evident from Annexure 3 series of this application. Learned counsel for the petitioner further submits that the birth certificates, without signature, were issued in order to harass the petitioner because the petitioner was pursuing his matter for grant of birth certificates of his granddaughter and grandson, which caused irritation to the informant.

Learned counsel for the petitioner further placed reliance on Annexure 3 series which are birth certificates subsequently issued having signature of the competent officer. After having heard learned counsel for the parties, and taking into consideration the fact that there appears to be some dispute with regard to issuance of birth certificate applied by the petitioner, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four

Patna High Court CR. MISC. No.42806 of 2019(2) dt.11-07-2019 3/3 weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Danapur in connection with Bikram P.S. Case No. 64 of 2019 (G.R. No. 590 of 2019); subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Sujit/ S. Katyayan/- U T