IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41724 of 2011 Umesh Prasad Singh & Anr. Versus The State Of Bihar ---------------------------------- 2. 12.12.2011 Heard counsel for the petitioners and counsel for the State. The petitioners are apprehending their arrest in Goraul P.S. Case No. 75 of 2011 registered for the offences under sections 341,323,504/34 of the Indian Penal Code and Section 3(x) of the Sc. and ST Act. From the F.I.R. it appears that one Veena Kumari, the informant, who was working as Vikash Mita in Panchayat Peerpur-Mathura, P.S. Goraul, District Vaishali, on the direction of the Deputy Development Commissioner, Vaishali, was conducting survey of Indira Awash work in the village. On 12.4.2011 at 10.30 A.M. petitioner no. 1 Umesh Prasad Singh, the husband of the candidate of Mukhiya namely, Sushila Devi, along with his associate Jai Prakash Singh, petitioner no.2 and other associates came there on Scarpio vehicle and started abusing her by caste and in filthy language. On protest, the petitioners assaulted her husband and on an alarm being raised by her the people of the village assembled there and the informant could be saved. The informant stated that the above action of the petitioners had caused trouble to her. It has been submitted by the counsel for the 2 petitioners that the alleged date of occurrence is 12.4.2011 whereas the F.I.R. has been lodged on 16.4.2011 and the F.I.R. was placed before the Chief Judicial Magistrate, Vaishali on 19.4.2011. It has further been submitted that from the F.I.R. it does not appear that the place where the abusing language was used was in presence of other persons or it was a public place. It has also been submitted that the informant was set up by one Nirmala Devi who was contesting for Mukhiyaship of the said Grampanchyat and the occurrence had taken place during the period of election only with a view to create a situation which might go against the petitioners. In view of the aforesaid facts and circumstances, let both the petitioners, namely, Umesh Prasad Singh and Jai Prakash Singh be directed to be released, either in the event of their arrest by the police or surrender before the court below, on furnishing bail bonds each of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, vaishali at Hajipur, in the above noted case subject to the conditions as laid down in Section 438(2) Cr. P.C. Kanth ( Shivaji Pandey, J.)