Suman Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18325 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== 1.

SUMAN KUMAR JHA Son of Ram Narayan Jha Resident of Village and P.O.- Madhepur, P.S.- Madhepur, District- Madhubani. 2.

Pooja Kumari Wife of Suman Kumar Jha, Daughter of Uma Kant Chaudhary Resident of Village and P.O.- Madhepur, P.S.- Madhepur, DistrictMadhubani. At present Village- Bhit Bhagwanpur, P.S.- Madhepur, DistrictMadhubani. 3.

Uma Kant Chaudhary @ Bachchi Chaudhary Son of Bhuvan Chaudhary Resident of Village - Bhit Bhagwanpur, P.S.- Madhepur, DistrictMadhubani. 4.

Lalita Devi Wife of Uma Kant Chaudhary Resident of Village - Bhit Bhagwanpur, P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha For the Opposite Party/s :

Mr. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 353, 332, 225, 504, 506 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that when theh police personnel reached the place of occurrence, the accused created

Patna High Court CR. MISC. No.18325 of 2021(2) dt.13-04-2021 2/2 obstacle and hindrance in discharge of official duty by trying to get rid of accused from police custody.

It has been submitted on behalf of the petitioners that the petitioner nos. 3 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. All the offences are triable by the Magistrate. Petitioner nos. 2 and 4 are ladies.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 70 of 2020, G.R. No. 643 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T