Indra Shekhar Jha @ Indu Shekhar Jha And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17418 of 2015 Arising Out of PS.Case No. -240 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Indra Shekhar Jha @ Indu Shekhar Jha Son of Tej Narayan Jha,
2. Arun Jha alis Arun Kumar Jha, Son of Tej Narayan Jha Both resident of Mohalla Professor Colony, ward No. 8, P.S. + District - Madhubani.
3. Dhiru Jha, Son of Uma Kant Jha, Resident of Mohalla Gaushala Road, Madhubani, P.S. + District - Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Pratap Singh For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323,379 and 504 of the Indian Penal Code and sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The accusation is of making assault with fists, slaps and sandal to the informant and taking away of articles worth Rs.10000/- from the shop of the informant.
It is submitted by the learned counsel for the petitioners that the injury of the informant has been found to be superficial
Patna High Court Cr.Misc. No.17418 of 2015 (2) dt.13-05-2015 2/3 simple in nature and there is counter version of the occurrence whereas the petitioners' side also received injury. The accusation has been levelled in the background of a dispute with regard to a land which is the purchased land of the petitioners. It is further submitted that the informant filed a petition before the learned court below that the informant filed the case and got his 164 Cr.P.C. statement recorded at the instance of Jagjivan Yadav and Krishnakant Jha alias Guddu. Subsequently, the informant has retracted from the initial version and has filed a petition to that effect before the learned court below. Both the petitions have been brought on record as Annexure 6 series.
Considering the counter version of the occurrence and the retracted version of the informant, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Madhubani in connection with Madhubani (Town) P.S. Case No. 240 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners get involved in
Patna High Court Cr.Misc. No.17418 of 2015 (2) dt.13-05-2015 3/3 serious offence or defaults without any reasonable cause on two consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T