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2011 Supreme(Pat) 160

ANJANA PRAKASH
Satish Kumar Mishra S/o Late Ganga Nath Mishra – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The petitioner seeks quashing of the entire proceeding including the order dated 20.10.2009 passed in Special Case No. 63 of 2009 arising out of Vigilance P.S. Case No. 87 of 2009 by which the Special Judge, Vigilance (Trap), Patna has taken cognizance under Section 409 IPC.

2. On 3.8.2009 one Sukarwariya Devi complained before the Chief Minister that the Gram Sewak and JPS (JSS) were demanding Rs. 10,000/- as bribe money for handing over her Pass Book of Gramin Bank. Her complaint was verified by a member of the Vigilance Deptt. on 18.8.2009 who supported that co-accused Ram Ishwar Rai had demanded an additional amount of Rs. 6,000/- apart from Rs. 4,000/- already paid for handing over the Pass Book. When the complainant was examined during investigation she stated that the said Ram Ishwar Rai demanded illegal gratification. A number of other beneficiaries also complained that Panchayat Secretary, Ram Ishwar Rai had demanded illegal gratification. During investigation when the official residence of the Gram Panchayat Sevak who was residing with the petitioner was raided, from the same house a box was recovered containing a number of Pass Books, some letters and cash. T






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