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Patna High CourtCR. MISC./9506/2015bail granted

Binod Jha And ORS v. The State Of Bihar

2015-04-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9506 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -PANDAUL District- MADHUBANI ======================================================

1. Binod Jha son of Late Tirpit Jha

2. Sushila Devi wife of Binod Jha

3. Archana Devi @ Archana Jha daughter of Binod Jha

4. Gautam Jha @ Gautam Kumar Jha son of Binod Jha

5. Gauri Yadav son of Jhari Yadav.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ratanakar Jha, Adv. For the Informant : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379 and 504/34 of the Indian Penal Code.

It is alleged that when the informant went to request petitioner no.1 for providing land for doing 'Batayi' then petitioners abused the informant by calling caste name and also assaulted him. It alleged against petitioner Shusila Devi to have snatched jewellary of the informant.

It is submitted by learned counsel for the petitioner that one Baby Jha lodged Pandaul P.S. Case No. 73 of 2014 against the

Patna High Court Cr.Misc. No.9506 of 2015 (2) dt.23-04-2015 2/2 petitioners in which the petitioners got anticipatory bail then Baby Jha set up the present informant to lodge the present case. Admittedly, the occurrence took place inside the house of the petitioners, hence it cannot be treated to be a place of public view. It is submitted by learned counsel for the informant that the informant was abused by calling caste name and being assaulted.

Considering the nature of accusation, 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., Madhubani in connection with Pandaul P.S. Case No. 92 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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