LAWS(PAT)-1985-7-12

STATE OF BIHAR Vs. NAND KISHORE SINGH

Decided On July 22, 1985
STATE OF BIHAR Appellant
V/S
NAND KISHORE SINGH Respondents

JUDGEMENT

(1.) A Bench of this Court ordered to what a proceeding under the Contempt of Court Act, 1971 and accordingly directed to issue notices to the Opposite party namely Sri Kumar Nand Kishore Singh, Assistant Jailor, Khagaria Sub -jail (2) Sri R.K. Pathak, Superintendent, Jail, Khagaria Sub -jail and (5) Sri J.T. Tripathi, Civil S.D.O. Khagaria to show cause. The said three contemners have since appeared and shown cause.

(2.) Krishna Kumari @ Sangita Rajor (girl) was seized to be released on bail by Sri A.G. Dutta, Additional Chief Judicial Magistrate, Khagaria in case arising out of Khagaria C.B.P.S. Station Diary Entry No. 317 of 25 -4 -80. The order to release reached the opposite party Nos. 1 and 2 in the afternoon on 9 -S -80 they, however, did not release Sangita but instead on 10 -5 -1980 the opposite party No. 3 ordered to keep her in the jail for a week and then must be sent home. She was actually detained in jail in the cover of the said order of the S.D.O. and after about ten days i.e. 21 -5 -80 (sic.) Patna City, She was release 1 from the said after Care was only on 6 -3 -83.

(3.) At about 7.00 p.m. on 9 -5 -80 the opposite party No. 1 and 2 came to the residence of Sri Dutta and pressed him to give them in exhibit an order authorising the detention of Krishna Kumari @ Sangita in jail custody Sri Dutta declined to give them any such order and told them to the custody with the release order - Opposite party Nos. 1 and 2 then asked him to direct them to the Civil S.D.O. (Opposite Party No. 3) but to dutta detention view out on 10 -3 -80 Krishna Kumari's father Jagdish prasad (since deceased) filed a petition in court of (sic.) alleging, inter aha, that his daughter was not released inspite of the release order. Shri dutta called for a report from the Jail Superintendent and the Jailer by 12.5.80. If as per the order of the court Krishna Kumari had been released from jail custody and if not circumstances under which she had not been released from jail custody. The opposite party Nos. 1 and 2 submitted the report to Sri Dutta by sending a letter pertaining attested copies of letter No. 760, dated 10 -5 -80 of Civil S.D.O. Khagaria and letter No. 194, dated 9 -5 -1980 of Jail Superintendent, Khagaria Sub -jail, the former aforesaid to them and the letter addressed to the Civil S.D.O. Khagaria m their reports, they alleged that they had gone with a letter of the Assistant Jailer to Sri Dutta's residence on 9 -5 -1980 to inform him about the unwillingness of Krishna Kumari to move out of the jail as she apprehended danger to her person and that as advised by Sri Dutta they went to the Civil S.D.A. was obtained him oral order on 9 -5 -1980 followed by a written order view letter No. 760, dated 10 -5 -1980 authorising them to keep her he jail in their safe custody. In his order recorded in case No. 7500/80 State custody Sangita Kumari, Sri Dutta questioned the correctness of the ascertain that the opposite party No. 1 and 2 had come with a letter from the opposite party No. 3 on 9 -5 -1980 at 7.00 p. m. and that he directed them to me in the Civil S.D.O. The order -sheet has disclosed as noticed above, that when opposite party Nos. 1 and 2 visited him they wanted him to give in writing order authorising the detention of the victim woman inspite of the release order learned from the court and received by them and when he declined, they went away. On 13 -5 -1980 Jagdish Prasad, father of Sangita @ Krishna filed a petition in the court of Sri Dutta to start a proceeding for contempt of court against the officer concerned. On 16 -5 -1980 Sri Dutta ordered "Time it appears that there is wilful disobedience to the order of this Court by the Assistant Jailer Kunwar Nand Kishore Singh and the Jail Superintendent, Khagaria Sri H. M. Paswan and at such they appear to have committed contempt of court. Further it appears from the perusal of the records that Sri J. N. Tripathi, Civil S.D.O. Khagaria went inside the sub -jail, Khagaria in the night and took the statement of the accused in writing and gave oral direction to the Jail Superintendent and the Assistant Jailor, Khagaria Sub -jail on the same night and the written directions on the following day authorising them to keep the accused in the jail to their safe custody as contained in letter No. 750, dated 10 -5 -1980. This act of the S.D.O. is without jurisdiction and appears to have lowered the authority of the court interfered with the due course of judicial proceeding pending in this Court and obstructed the administration of justice and as such he appears to have committed contempt of court". Accordingly he issued notices to the Jailor and the Jail Superintendent of Khagaria Sub -jail and also the Civil S.D.O. Khagaria to show cause till 24 -5 -1980 as to why a reference should not be made to this Court for starting a proceeding of court against them.