Ratneshwar Jha And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3519 of 2016 Arising Out of PS.Case No. -21 Year- 2014 Thana -JALE District- DARBHANGA ======================================================
1. Ratneshwar Jha son of Late Gopi Kant Jha
2. Krishna Kumar Sah son of Ramchandra Sah
3. Tilai Mahto son of Jogi Mahto All are residents of village- Narodh Dham, P.S.- Jalley and District- Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.
The accusation is of abusing by calling caste name by the accused persons to the informant and making assault. It is submitted by learned counsel for the petitioners that at earlier point of time, Banarsi Devi lodged a case being Jalley P.S. Case No. 19 of 2013 against the Panchayat Mukhiya and her husband levelling accusation under Sections 409, 420, 467, 468 and 471/34 of the IPC wherein in the enquiry it was found that the
Patna High Court Cr.Misc. No.3519 of 2016 (2) dt.22-01-2016 2/2 accusation was true which appears from the letter dated 02.04.2014 issued by Lokpal, MANREGA, District Rural Development Agency, Darbhanga where it is alleged that at the time of inspection the informant and others abused and assaulted the petitioner no.1 Ratneshwar Jha, hence the present informant has been set up by the Panchayat Mukhiya as a retaliatory measure. For the initial occurrence of 08.03.204, the FIR was registered on 11.03.2014 and at earlier point of time during enquiry it was found that the informant assaulted petitioner no.1. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Jalley P.S. Case No. 21 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T