IN THE HIGH COURT OF JUDICATURE AT PATNA ORG.CR. MISC (DB) No.12 of 2008 THE STATE OF BIHAR Versus PROCEEDING AGAINST MANAN Kr. THAKUR ----------- 5. 4.09.2008 Heard learned counsel for the State, who has appeared to assist this Court and learned counsel for the contemnor. Some submissions were advanced on merits of the matter and apology tendered by the contemnor was also highlighted. However, the point which engaged our attention is based upon Rule 15(ii) of Chapter XXVII A of the Patna High Court Rules framed under the Contempt of Courts Act, 1971. It has been submitted that in the show cause the contemnor has stated that he was not given an opportunity of hearing in support of his show cause in course of preliminary enquiry held by the subordinate court. We have perused the order dated 8.5.2008 which contains the view of the court as a result of preliminary enquiry. That order also indicates that only the show cause was perused and on that basis, the learned subordinate court (Judicial Magistrate, Ist Class, Saharsa) decided to refer the matter for initiating criminal contempt against the contemnor. The rule clearly provides for issuing a show cause 2 notice to the contemnor and to hear him before writing a concise reasoned order of reference. Since the requirements of Rule 15(ii) of the Rules noticed above have not been fully observed by the learned subordinate court before making the reference, the matter is remitted back to the concerned court for giving an opportunity of hearing to the proposed contemnor before writing a fresh concise reasoned order if the court below comes to the conclusion that a reference is required to be made. This matter is disposed of but with observation that if fresh reference is made, it shall be considered on its own merit. BT (Shiva Kirti Singh, J.) (Syed Md. Mahfooz Alam, J.)