IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43622 of 2008 EX.MUKHIYA SITA RAM PRASAD YADAV @ SITA RAM PRASAD YADAV Versus STATE OF BIHAR ----------- 6 15.5.2009 Petitioner EX.MUKHIYA SITA RAM PRASAD YADAV @ SITA RAM PRASAD YADAV happens to be one of the FIR named accused of Khizarsarai P.S. Case No. 55 of 2008 registered under sections 420, 467, 468, 120B/34 IPC and in connection therewith he was in custody. He filed Cr.Misc. No. 43622 of 2008 on 20.10.2008 with a prayer for granting him regular bail. In paragraph 17 of the said petition it was stated thus :- “That the petitioner is a social worker and he has no criminal back ground, he is ready to abide by any condition as directed by the Hon’ble Court.” This statement was made notwithstanding the fact that in the very written report which forms the basis for registration of the said police case, in paragraph 11 it has been mentioned that another case bearing Khizarsarai P.S. Case No. 126 of 2006 was pending against the said Mukhia. In view of the apparent conflict, by order dated 4.12.2008 a Bench of this court called for the antecedent report of the petitioner from the Superintendent of Police, Gaya. On receipt of the report which disclosed that the petitioner was involved in as many as 7 criminal cases which were detailed in the report and in that view of the matter by order dated 19.1.2009 the petitioner as also Girija Yadav, his brother, who had sworn the affidavit were issued with show cause - 2 - notice to explain why criminal proceeding be not initiated against them. Initially a joint show cause was filed by both the proposed contemnors but on a direction from the court a separate show cause on behalf of the petitioners has been filed. In the separate show cause filed by both the contemnors, petitioner Sita Ram Yadav, has taken the plea that all the cases were at the instance of the B.D.O. and the police with whom he was on inimical terms and in one of the cases namely Khizersarai P.S. Case No. 106 of 1992 he has been acquitted. However, the fact remains that still there are as many as 6 cases pending against him and notwithstanding the same he has, with intention to mislead the court, mentioned in paragraph 17 of the main petition that he has “no criminal background” The stand taken by Girija Yadav is that a similar stand had been taken in the bail petition filed before the Sessions Court and in taking the same to be correct he had sworn the affidavit . I am not impressed in the least by the show cause / explanation submitted by petitioner Ex. Mukhia Sita Ram Prasad Yadav and his brother Girija Yadav who had sworn the affidavit on behalf of the petitioner. Obviously it would appear that since a similar stand was taken before Sessions Court which has again been repeated before this Court, the mala fide intention is writ large on the face of the record that it was with ulterior and mala fide intention that such statement as in paragraph 17 was made to mislead the court. - 3 - Since the action of the two contemnors amounts to a clear case of criminal contempt, let this case be placed before a Division Bench for initiating contempt proceeding against these petitioners after obtaining permission of Hon’ble the Acting Chief Justice. Spd/- (Abhijit Sinha, J.)