Uma Kant Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39283 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Uma Kant Pathak Son of Late Krishna Nand Pathak, Ward Member of Ward No.4, R/o Village- Semari, P.S.- Baddi O.P.(Shiv Sagar, DistrictRohtas. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Adv. For the Opposite Party/s : Mr. Md. Arif, APP CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends arrest in connection with Shiv Sagar (Baddi O.P.) P.S. Case No. 18 of 2017 registered for the offences under sections 341, 323, 504, 506 and 353 of the Indian Penal Code.
The informant is the Head Master of Primary School Semary Pathak, Shivsagar Circle, District Rohtas and he has alleged that a meeting of women of village was convened to nominate the Members and Secretary of the aforesaid school. In the said meeting, this petitioner was also present and refused to sign on the notice register and on request, he torn the notice register and other documents and also abused the informant.
Patna High Court Cr.Misc. No.39283 of 2017 (2) dt.19-08-2017 2/2 The learned counsel for the petitioner submits that the Head Master, as per his desire, wanted the signature of the petitioner on the said register and on refusal, the informant Head Master assaulted him and for that, he also lodged a case bearing Shiv Sagar P.S. Case No. 19 of 2017 for the offences under sections 341/ 323/ 379 and other sections of the Indian Penal Code and there is no specific allegation against the petitioner. Considering the nature of allegation, facts and circumstances, as stated above, this application for anticipatory bail is allowed.
Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Shiv Sagar (Baddi O.P.) P.S. Case No. 18 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) Mahesh/- U T