Eknath Pathak And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38015 of 2015 Arising Out of PS.Case No. -1929 Year- 2011 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Eknath Pathak,

2. Shyam Kishoe Prasad Singh .... .... Petitioner/s

Versus

1. State of Bihar,

2. Ashok Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners being Incharge Principal and Lecturer of Mahant Ramakant Das Inter College, Medhaul, Begusarai, are apprehending arrest in a complaint case filed with accusation under Sections 420,323 and 504/34 of the Indian Penal Code wherein process has been directed to be issued after cognizance being taken. The prosecution case is that the wife of the complainant Kumari Ranjana Sinha was appointed as lecturer in the Department of Psychology of the aforesaid college but she died on 16.5.2009. After her death, the complainant went to receive the payment of due amount

Patna High Court Cr.Misc. No.38015 of 2015 (2) dt.21-09-2015 2/3 but the said amount was not paid and the complainant was abused.

It is submitted by the learned counsel for the petitioners that the due amount of the wife of the complainant is lying in the college and it was not being paid since the late wife of the complainant had not mentioned the complainant's name as nominee in her service book, as a result the complainant was asked to produce the succession certificate but the complainant started abusing the Principal and other staff of the college. It is further submitted that for the initial occurrence of 2.12.2010 the complaint was filed on 6.12.2010. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation and the delayed ventilation of accusation through complaint, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Complaint

Patna High Court Cr.Misc. No.38015 of 2015 (2) dt.21-09-2015 3/3 Case No. 1929 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T