Chhathu Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57932 of 2017 Arising Out of PS.Case No. -2542 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Chhathu Sharma, son of Pradeep Sharma, Resident of Village- Mora Khas, Police Station- Bhagwanpur Hat, District- Siwan. Presently posted as Ward Member of Gram Panchayat of Village Mora Khas, Police StationBhagwanpur Hat, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Nath Sah, son of Surya Sah, Resident of Village- Mora Khas, Police Station- Bhagwanpur Hat, District- Siwan.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint P.S. Case No. 2542 of 2015 instituted for the offence under Sections-419, 420, 467, 468 & other minor Sections of the Indian Penal Code. Counsel for the petitioner has submitted that appointment of Geeta Devi was done by the Aam Sabha. The petitioner was Ward Member and was also one of the members of Aam Sabha. The allegation is made that the daughter in law of the complainant had higher marks of 62.92 % but Geeta Devi having marks of 53.04% was selected in collusion with the petitioner and other accused persons.

From the complaint petition, it appears that there is general

Patna High Court Cr.Misc. No.57932 of 2017 (2) dt.11-12-2017 2/2 and omnibus allegation levelled against this petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 2542 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Siwan subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T