IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11692 of 2010 NARESH JHA Versus STATE OF BIHAR ------------ 02. 11.05.2010 Heard learned counsel for the petitioner and the State. Petitioner being the B.D.O. is apprehending his arrest in a case registered under Sections 323, 504 of the I.P.C. and Section ¾ of the S.C./S.T. Prevention of Atrocities Act. It is alleged in the complaint petition that on 29.09.2008 the complainant being a ward member of the Panchayat was not allowed to sit by the side of the B.D.O. and she was humiliated and assaulted at the behest of the B.D.O. It is submitted by the learned counsel for the petitioner that the complainant is in habit of lodging such frivolous cases against various officials and that to at the behest of the local Mukhiya. In one of such cases being Bhargama P.S. Case No. 4 of 2010 as contained in Annexure-6, the Investigating Agency found the case false and recorded that the complainant used to file such cases at the behest of local Mukhiya. Other contention of the petitioner is that on the alleged date of the occurrence, the petitioner was in the meeting of the D.R.D.A. which is apparent from Annexure-4. Learned counsel for the complainant has - 2 - submitted that the anticipatory bail of the petitioner is not maintainable and there are other complaint cases pending against the petitioner. From perusal of the complaint, it has specifically been mentioned by the complainant that on the alleged date, 2 to 3 persons were also present but she did not disclose the name of anyone. Being a ward member of the Panchayat, this assertion of the complainant does not inspire confidence. So far as other complaint cases are concerned, learned counsel for the petitioner submits that he has not received any summons and is not aware about the same. In view of the fact that complainant appears to be in the habit of filing complaints against the officers at the behest of mukhiya and the petitioner was in meeting on the alleged time/date of occurrence, let the petitioner namely Naresh Jha, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection C.A. No. 2983(C) of 2008. Shageer (Dinesh Kumar Singh, J)