Vedanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6462 of 2024 Arising Out of PS. Case No.-288 Year-2011 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Vedanand Jha S/o Lal Jha R/o Village - Jalsain, Ward No. 02, P.S. - Rudrapur, Dist. - Madhubani 2.

Krishna Nand Jha S/o Lal Jha R/o Village - Jalsain, Ward No. 02, P.S. - Rudrapur, Dist. - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahati Devi W/o Ramchandra Safi R/o Vill - Navnagar, P.S. - Rudrapur, Dist. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Pintu Kumar Patel, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 323, 342, 452, 354, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that on 10.05.2011, these petitioners came to the house of the complainant and demanded the clothes which were given for laundry purpose but when complainant demanded her money, these petitioners assaulted the husband of the complainant and when complainant protested, all the accused persons abused her

Patna High Court CR. MISC. No.6462 of 2024(4) dt.19-06-2024 2/3 by caste name and assaulted her.

4. Learned counsel appearing for the petitioners submits that due to a petty dispute, a scuffle took place between the parties and taking advantage of the situation, this false and concocted case has been lodged against these petitioners. It is submitted that the learned court below has taken cognizance only under Sections 323, 342, 354 and 504 of the Indian Penal Code. It is further submitted that allegation of assault is general and omnibus and no specific accusation of any over act has been allowed against these petitioners. Petitioner claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani, in connection with Complaint

Patna High Court CR. MISC. No.6462 of 2024(4) dt.19-06-2024 3/3 Case No. 288 of 2011, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T