IN THE HIGH COURT OF JUDICATURE AT PATNA Or. Cr. Misc. (DB) No.3 of 2006 ======================================================= The State Of Bihar .... .... Petitioner/s Versus Ajit Kumar Sao, Advocate, Munger, Civil Court, Munger .... .... Respondent/s ======================================================= Appearance : For the Petitioner/s : Mr. Shivam Singh, AC to AAG No. 1. For the Respondent/s : Mr. Jagdish Prasad No. 1. Mr. Virendra Kumar, Adv. Mr. Ashok Kumar Verma, Adv. ======================================================= CORAM: HONOURABLE MR. JUSTICE SUDHIR KUMAR KATRIAR and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ------------ S. K. Katriar, J. This Proceeding in terms of Section 2 (C) of the Contempt of Courts Act, 1971 (hereinafter referred to as the „Act‟), has commenced on the report dated 31.07.2006, submitted by Shri Ram Anurag Singh, Principal Judge, Family Court, Munger, to initiate contempt proceeding against Ajit Kumar Sao, the present contemnor and an advocate in the civil court at Munger. 2. A brief statement of facts essential for the disposal of this petition may be indicated. The contemner, being an advocate at Munger, was locked in family dispute with his wife which were pending before the learned Family Court, Munger. During the course of the proceedings with respect to the Patna High Court OCR. MISC (DB) No.3 of 2006 dt.03-08-2011 2 matrimonial matters, there was perhaps exchange of hot words between the learned Principal Judge and the contemnor. On 6.12.2005, the contemnor filed an application before the learned Family Court in the said matter to stay further proceedings to enable him to move transfer application. The learned Principal Judge, Family Court, passed order on 6.12.2005 whereby 15 days time was granted to enable the contemnor to obtain order transferring the cases from his Court on the condition that he shall execute a personal bond of Rs. 20,000/-. The contemnor had moved this Court by preferring Cr. Miscellaneous No. 6675 of 2005, which was disposed of by a learned Single Judge of this Court by order dated 24.03.2006, whereby the prayer for transfer of his cases from the Court of Ram Anurag Singh was allowed with the observation in respect of the Principal Judge, Family Court, that “………the language of the order itself shows that the Principal Judge, Family Court, for some reason or other has developed some prejudice against the petitioner”. 2.1 The Principal Judge, Family Court, submitted his report dated 31.07.2006 to this Court praying therein that contempt proceeding may be initiated against Ajit Kumar Sao, Advocate, Civil Patna High Court OCR. MISC (DB) No.3 of 2006 dt.03-08-2011 3 Court, Munger. The report, inter alia stated as follows:- “fnukad 6-1-2006 ds vkns’k ls LiIV gS fd ifjokj U;k;ky;] eqaxsj Jh jke vuqjkx flag us tcjnLrh xks/ku flag ls esy&tksy djus dks dgk vkSj vkosnd bl ij viuk tku NksM+okuk pkgk dgk fd lkspdj dqN fnu esa dgsaxs rks Jh flag HkM+d x,A tcfd Jh flag f’ko vkt Hkh f’kI; gSa] f’ko HkDr gSa vkSj mlh f’ko/kke esa pUInk ysrs gSa rc [kq’k gksrs gSaA D;k bu lHkh dkjukeksa budh Hkh lq>ko xks/ku flag] vf/koDrk ds izfr gS ;k ughaA” 2.2. On a consideration of this report, the present contempt proceeding was registered. Notice was issued, and the contemnor has shown cause. He is also personally present today. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The contemnor has, inter alia, stated in his show-cause that he is locked in a number of matrimonial disputes with his wife as a result of which he always remained disturbed. It is also stated that his son was killed. He has also tried to make out a case that, in view of the diverse circumstances, he lost his mental balance and had undergone treatment at a psychiatrist centre at Ranchi. 4. The occurrence is said to have taken place on 26.9.2005. The undisputed position is that Patna High Court OCR. MISC (DB) No.3 of 2006 dt.03-08-2011 4 the contemnor is locked in a number of matrimonial disputes with his wife in the Court(s) at Munger. He also lost his son. He has submitted his unconditional apology recorded in the cause shown by him. He is personally present in the Court room, and promises not to repeat any unsavoury or uncivilized behavior in Court in future. We get a clear impression from the materials before us that the contemnor has been disturbing the Court proceeding by unruly and uncivilized behaviour which has/had the tendency to lower down the dignity of the Court. He has time and again been repeatedly interfering with the administration of justice. However, in view of the facts and circumstances attendant upon this case, we accept his unconditional apology submitted in writing, and also personally tendered by him. It will be open to the learned District Judge or any other concerned person to report any deviation or action fit to be noticed in which case the present proceeding may be revived, if reported within a period of five years. 5. We dispose of the matter in view of the unconditional apology tendered by the Contemnor. Let a copy of the order be forwarded to the District Judge, Munger, who shall circulate it to all the judicial officers in his Sessions Division, and shall cause the Patna High Court OCR. MISC (DB) No.3 of 2006 dt.03-08-2011 5 same to be put up on the notice board. The record room shall preserve the High Court record. The Civil Court at Munger shall also preserve the record. The rule is discharged. I agree. Ahsanuddin Amanullah, J. Patna High Court, Dated 3rd August, 2011 Anand Kr./NAFR (S. K. Katriar, J.) (Ahsanuddin Amanullah, J.)