Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49927 of 2019 Arising Out of PS. Case No.-170 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

Vijay Kumar Son of Sri Rajnandan Ram, Presently posted as Junior Engineer in Prathamik Siksha Ewam Sarv Siksha Abhiyan, Nawada and permanent resident of Village - Purnachatra, Tatisilwai, P.S.- Tatisilwai, District - Ranchi, Pin- 835103 Jharkhand.

2.

Ram Rekha Prasad @ Ram Rekha Singh, Son of Late Ramchandra Singh Presently posted as Technical Supervisor in Prathamik Siksha Ewam Sarv Siksha Abhiyan, Nawada and permanent resident of Village - Barah, P.S.- Harnaut, District - Nalanda. Pin 803110 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jitendra Kumar Son of Sidheshwar Singh, Resident of Nanauri, P.S.- Akbarpur, District- Nawada, at present Headmaster of Primary School, Bala Bigha, P.S.- Akbarpur, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dheeraj Kumar Roy For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.170 of 2017 for the offences allegedly committed by the petitioners under Sections 323, 341, 379 and 504 of the Indian Penal Code.

The complainant (headmaster of Primary School, Bala Bigha) alleged that under Sarva Shiksha Abhiyan, Nawada the headmaster, Secretary and President were entrusted to make construction of the school building. The complainant requested

Patna High Court CR. MISC. No.49927 of 2019(2) dt.13-08-2019 2/3 Vijay Kumar, Junior Engineer (petitioner no.1) and Ramrekha Prasad, Technical Assistant (petitioner no.2) to get the works measured and enter into Measurement Book but the petitioners are alleged to have demanded illegal gratification of Rs.1 lac. On refusal, the petitioners are alleged to have assaulted the complainant and snatched a chain made of gold and wrist watch from possession of the complainant.

Learned counsel for the petitioners submits that the complainant was forcing the petitioners to enter wrong measurement in the Measurement Book. When the petitioners refused to enter wrong measurement in the Measurement Book, the complainant abused the petitioners and filed the complaint case against them for putting pressure on the petitioners. Having considered the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Complaint Case No.170 of 2017, subject to the conditions as

Patna High Court CR. MISC. No.49927 of 2019(2) dt.13-08-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T