IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.11 of 2009 THE STATE OF BIHAR . Versus RAJ KUMAR GUPTA . ----------- 10. 04-Mar-2010 Heard learned counsel for the State and learned counsel for the contemnor who is also present in person in the light of earlier orders of this Court. 2. On behalf of the State, learned counsel has submitted that the materials on record including the report called for by this Court from the concerned Munsif show that in course of hearing of Title Suit No. 39/1999 pending before Munsif, Manjhaul, Begusarai, on 11.5.2009 the contemnor used offending words in open Court in presence of a large number of counsels only because in the capacity of a defendant in the Suit he had an apprehension that the Court is inclined towards the plaintiff of the case. 3. On behalf of the contemnor it has been submitted that copies of relevant documents called for by this Court are available on record and disclose that in the enquiry for initiating contempt proceeding, the learned Munsif has recorded that the contemnor appeared and apologized for his actions and did not dispute the 2 occurrence, rather explained that on account of utterances by the other party, he had lost his balance and made utterances which he did not intend. The Munsif on account of such admission closed the enquiry and submitted his report to the learned District & Sessions Judge. 4. Learned counsel for the contemnor has further highlighted that in paragraph-11 of his show-cause filed before this Court the contemnor has undertaken that such action shall not be repeated in future. Further, in paragraph-13 he has extended his unconditional apology for the inconvenience caused to the learned Court. It was further highlighted that in the supplementary show-cause necessary details have been furnished which show that on receipt of report from the Munsif, learned District & Sessions Judge, Begusarai filed an official complaint case against the contemnor being Compliant Case No. 43C/09 in the Court of learned Chief Judicial Magistrate, Begusarai wherein cognizance was taken under Sections 228 and 353 of the IPC and the case is pending for trial before a Judicial Magistrate, 1st Class bearing T.R. No. 3558/09. It was further highlighted that on account of surrender in that case 3 on 27.11.2009 and released on bail on 16.12.2009 the contemnor has already suffered imprisonment in jail custody for about three weeks. 5. In view of the enquiry report as well as stand taken by the contemnor in show-cause, we find that the contemnor has chosen to express his apology and has not contested the allegations. Nothing more need be said on this matter in view of the pendency of the Complaint Case before the learned Judicial Magistrate. 6. The next issue is what should be the punishment meted out to the contemnor for his utterances etc. in the Court on 11.5.2009. Had the contemnor not suffered jail imprisonment for about three weeks, we would have taken a strict view in the matter and most probably we would have awarded imprisonment for some period but in view of the contemnor having already suffered jail custody for about three weeks, we are of the view that no further punishment be inflicted upon the contemnor for his wrong deeds and utterances on 11.5.2009 in the Court of learned Munsif, Majhaul, Begusarai. We are letting the contemnor off without further punishment for the reason that he has 4 shown remorse and instead of contesting the charge has tendered unqualified apology and has also given an undertaken that he shall not repeat such conduct in future. 7. Hence, this proceeding is closed with a warning to the contemnor to be careful in future and respect his undertaking given to this Court by ensuring decency and decorum of conduct whenever he appears in a Court of Law. It is made clear that any finding or observation in this order shall not prejudice the trial pending at Begusarai. 8. The matter is disposed of. perwez (Shiva Kirti Singh, J.) (C. M. Prasad, J. )