Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31928 of 2012 ====================================================== Gauri Shankar Roy S/O Late Braj Mohan Roy Resident Of Village- Namapur, P.S.- Chakmeshi, District- Samastipur. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.32638 of 2012 ====================================================== Mamta Devi W/O Gauri Shankar Roy R/O Village - Namapur, P.S. Chakmehsi, District – Samastipur. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 26-11-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . The accusation against the petitioners is that being the Sarpanch and the husband of the Sarpanch they took out the relevant papers and registers from the Gram Kutchhari without consent of the Secretary of the Gram Kutchhari. Patna High Court Cr.Misc. No.31928 of 2012 (3) dt.26-11-2012 2 / 2 2 It is submitted that subsequent to lodging of the case they have been released on police bail. In that view, the anticipatory bail applications of the petitioners are not maintainable. Let the learned court below consider regular bail of the petitioners in view of ratio laid down in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004(3) P.L.J.R. 491 if the petitioners surrender within a period of six weeks from the date of receipt of copy of this order in connection with Chakmehsi P.S. Case No. 07 of 2012 pending in the court of the learned C.J.M. Samastipur. With this observation, the applications are disposed off. Let the order be faxed to the learned court below at the cost of the petitioners. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.