Mahendra Das @ Mahendra Ram And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17939 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================

1. Mahendra Das @ Mahendra Ram

2. Satyendra Das both are S/o Late Govind Das resident of village - Chhuchhunila Tola, Nawakadih, Police Station - Jhajha, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Jhajha P.S. Case No. 222 of 2015, disclosing offences under Sections 341,323,448,307,511/34 of the Indian Penal Code. The petitioners are full brothers. It is alleged against them that when the informant was sleeping, they came to her house and told her that they would commit rape. When she raised alarm, her son and daughter came, whereafter, the petitioners allegedly assaulted the informant, her son and daughter. It appears that in course of investigation, the police have found that the injuries upon the informant and her son and daughter were not caused due to assault made by the petitioners,

rather, in different incident. Learned counsel for the petitioners submits that the prosecution case appears to be improbable on the face of it.

Be that as it may, in the facts and circumstances of the case and in view of the nature of allegation, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in Jhajha P.S. Case No. 222/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U