Radha Charan Jha @ Madan Mohan Jha And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21229 of 2015 Arising Out of PS.Case No. -77 Year- 2012 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Radha Charan Jha @ Madan Mohan Jha S/o Late Shivkant Jha

2. Sudha Charan Jha@ Suman Jha S/o Late Shivkant Jha

3. Gopi charan Jha@ Gopal Charan Jha S/o late Shobhakant Jha .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Pari Devi wife of Shri Shibu Sahay .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/379/504/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the informant was assaulted and abused by calling caste name while she was returning to her home whereas petitioner no.2 snatched a bag containing essential documents and Rs.250/-.

It is submitted by learned counsel for the petitioners that the informant has denied filing of the present case and had

Patna High Court Cr.Misc. No.21229 of 2015 (2) dt.19-05-2015 2/2 filed duly sworn affidavit to that effect before the learned court below, the same has been annexed as annexure 2 to the petition. Considering the fact that the informant has denied filing of the present case, 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 Sub-Divisional Judicial Magistrate, Jhanjharpur in connection with Rudrapur P.S. Case No. 77 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted on verification of the factum of affidavit filed by the informant, otherwise the petitioners will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Ashwini/- U T