Ujjawal Jha @ Ujjawal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6316 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.

UJJAWAL JHA @ UJJAWAL KUMAR JHA Son of Leela Kant Jha R/vKakna, P.S.- Pandaul, District- Madhubani. 2.

RINKU DEVI @ RINKU JHA Wife of Leela Kant Jha R/v- Kakna, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Mrityunjay Kumar, Advocate For the State :

Mr. Mohammed Arif, APP For the Informant :

Mr. Prabhakar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioners apprehend their arrest in connection with Pandaul P.S. Case No.177 of 2022, registered for the offences punishable under Sections 341, 323, 379, 354(B), 504 and 34 of the Indian Penal Code.

The allegation against the petitioners in the FIR is that they forcibly entered into the house of the informant and started assaulting the informant and his wife. The accused persons snatched Mangal Sutra of the informant's wife. Co-accused, Lilakant Jha is said to have tried to outrage the modesty of the

Patna High Court CR. MISC. No.6316 of 2023(2) dt.13-04-2023 2/3 informant's wife.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got one criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the FIR was lodged under Sections 341, 323, 379, 354(B), 504 and 34 of the Indian Penal Code, but charge sheet has been submitted under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code. It is also submitted that the allegations against the petitioners are general and omnibus. Learned counsel for the petitioners undertakes that the petitioners are ready to uninstall CCTV Camera from the disputed place.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioners by submitting that the petitioners have installed a CCTV Camera near the hand pump of the informant where female members of the informant's family take bath and in spite of order of the police officials, the petitioners have not uninstalled the same.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.6316 of 2023(2) dt.13-04-2023 3/3 surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Pandaul P.S. Case No.177 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T