Prakash Jha @ Prakash Mandal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33458 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Prakash Jha @ Prakash Mandal S/o Late Dravi Mandal @ Dravi Jha

2. Raja Babu Jha @ Raja Mandal

3. Rakesh Jha @ Rakesh Mandal Both S/o Prakash Jha @ Prakash Mandal

4. Godawari Devi W/o Prakash Jha @ Prakash Mandal

5. Mithilesh Jha @ Mithilesh Mandal S/o Amiri Jha @ Amiri Mandal All R/o Rampur Bahour, Kaina, P.S. Singhia District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh, Adv. For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioners apprehend their arrest in Singhia P.S. Case no. 89/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant Dukhni Devi named the petitioners and alleged that they all assaulted her husband and other family members.

It is submitted that the petitioners are on inimical term with the informant. The informant lodged the case after five days of the occurrence. So far as the case of petitioner no. 4 Godawari Devi is concerned, she is a lady and no specific allegation is made

Patna High Court Cr.Misc. No.33458 of 2015 (3) dt.15-10-2015 2/2 against her.

Considering the facts aforesaid, petitioner no. 4 Godawari Devi, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rosera, Samastipur, in connection with Singhia P.S. Case No. 89/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

There are allegations against petitioner nos. 1, 2, 3 and 5, namely Prakash Jha, Raja Babu, Rakesh Jha and Mithilesh Jha that they assaulted indiscriminately to the informant and her family members and they got injuries, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T