Man Mardan Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50035 of 2018 Arising Out of PS. Case No.-282 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Man Mardan Shukla, son of Late Ram Das Shukla, resident of Village- Naya Tola, Speakar Road, P.S.- Koji Mohammadpur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in connection with Mithanpura P.S. Case No. 282 of 2018 registered for the offence punishable under sections 186, 332, 333, 353, 323, 189 and 427 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. In the Board meeting of the Corporation, questions were asked from the informant by all members including the present petitioner, but, the informant in order to avoid giving reply tried to disturb the entire meeting. In this
Patna High Court Cr.Misc. No.50035 of 2018(2) dt.14-08-2018 2/3 connection, an application was filed before the District Magistrate Muzaffarpur as contained in Annexure-2 to the Supplementary Affidavit. Other Ward Members also filed a written application addressed to the Officer-in-charge Mithanpura Police Station, but local police did not institute any F.I.R. Copy of the aforesaid application filed before the police has been brought on record as Annexure 3 to the Supplementary Affidavit. It is further submitted that Ward Counselor namely Shiv Shankar Mahto filed Complaint Case No. 98 of 2018 before the Special Judge, Muzaffarpur which was referred to Mithanpur Police for registering F.I.R. (Annexure-4). Learned counsel further submits that the petitioner being the Dy. Mayor of the Corporation had only asked with regard to the development of entire Municipal Area which caused annoyance to the informant.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, (East) Muzaffarpur in connection
Patna High Court Cr.Misc. No.50035 of 2018(2) dt.14-08-2018 3/3 with Mithanpura P.S. Case No. 282 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/-Sanjeev U T