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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12637 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -SC/ST PS District- SUPAUL ====================================================== Ritesh Jha @ Ritesh Kumar Jha, Son of Amol Jha, Resident of Village - Chakla Nirmali, Ward No. 13, P.S.+ District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Uma Shankar Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(x)(xi) of the SC/ST (Prevention of Atrocities) Act) Prosecution case is that on 10.09.2015, at 4.30 P.M., while the informant Guddu Kumar along with his mother and younger brother Aryan Kumar was returning home from Civil Court, Supaul, co-accused Pankaj Kumar Jha, present petitioner Ritesh Jha and three unknown persons surrounded them and started abusing them with their caste name, when the mother of the informant tried to rescue, the accused persons also started

Patna High Court Cr.Misc. No.12637 of 2016 (2) dt.18-03-2016 2/3 abusing her by calling the caste name. In the meantime, the this petitioner assaulted the brother of the informant and snatched ear ring and Rs. 1,800/- from the mother of the informant. It is submitted by learned counsel for the petitioner that for the occurrence of 10.09.2015, the F.I.R. was registered on 18.09.2015. It is submitted that the co-accused Pankaj Kumar Jha had filed Supaul P.S. Case No. 139 of 2015 levelling accusation under Section 366A of Indian Penal Code against the against the informant of this case and his brother, wherein, the petitioner is witness, hence the present prosecution case has been lodged with malicious accusation.

A statement has been made in paragraph -3, that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case, and petitioner being a witness against the informant in a serious case of kidnapping, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-III,

Patna High Court Cr.Misc. No.12637 of 2016 (2) dt.18-03-2016 3/3 Supaul in connection with SC/ST P.S. Case No. 19 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) sunil/- U T