Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22956 of 2012 ====================================================== Ram Ishwar Prasad & Anr .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-07-2012 Heard learned counsels for the petitioners and the State. The petitioners being the Co-ordinator and Headmaster are apprehending their arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is alleged that the petitioners being the Co-ordinator and Headmaster appointed the complainant as Night guard after taking money but subsequently his joining was not accepted since the complainant was in custody during that period. It is submitted that appointment of the complainant was made by a Committee of Panchayat Mukhiya and others and there is no proof of making payment when the complainant himself admits that he was in custody hence he could not come for joining within stipulated period. It appears from the order of the learned Sessions Judge that he has not considered prayer for Patna High Court Cr.Misc. No.22956 of 2012 (2) dt.02-07-2012 2 / 2 2 anticipatory bail on merits because warrants were not issued. The right of a person to apply for anticipatory bail whenever any person has reason to believe that he may be arrested on accusation of being committed a non-bailable offence and once cognizance has been taken the petitioner had reason to believe of being arrested. Moreover, the statement has been made in paragraph no. 15 of the petition that the non-bailable warrant has already issued against the petitioners. Hence learned court below has wrongly held that anticipatory bail application is not maintainable. Considering the aforesaid facts, let the petitioners, Ram Ishwar Prasad and Ram Lakhan Thakur, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 1000C of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Hilsa, Nalanda, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.