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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15799 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- TARAPUR District- Munger ====================================================== 1.

ARBIND KUMAR JHA @ ARBIND KUMAR Son of Jai Narayan Jha Resident of Village - Manikpur, P.S.- Tarapur, Distt - Munger. At present of mohalla - Tulsinagar, Bank Colony, P.S.- Tilkamanjhi, Distt - Bhagalpur. 2.

Sadhna Jha Wife of Arbind Kumar Jha @ Arbind Kumar Resident of Village - Manikpur, P.S.- Tarapur, Distt - Munger. At present of mohalla - Tulsinagar, Bank Colony, P.S.- Tilkamanjhi, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the State :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(B), 379, 436, 504 and 506 of the Indian Penal Code. Prosecution case in short, is that while the informant along with her family was at her house, the accused persons having armed came on a Scorpio Vehicle. They entered the house of

Patna High Court CR. MISC. No.15799 of 2020(3) dt.28-08-2020 2/3 informant and the son of the informant was dragged and assaulted. When the informant went to rescue her son, she was also assaulted.

It has been submitted on behalf of the petitioners that the petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger in connection with Tarapur P.S. Case No. 01 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.15799 of 2020(3) dt.28-08-2020 3/3 Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T