Patna High CourtCR. MISC./3925/2017rejected

Kali Dayal Ojha And ANR v. The State Of Bihar

2017-02-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3925 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Kali Dayal Ojha, Son of Shyam Sunder Ojha,

2. Nand Kumar Ram, Son of Late Giris Ram, Both Resident of VillageNimej, P.O.-Nimej, Police Station- Brahmpur, District- Buxar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Damodar Prasad Tiwary, Advocate For the Opposite Party : Mr. Matloob Rab (APP-34) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Brahmpur P.S. Case No. 294 of 2016, registered for the offences punishable under Sections 341, 323, 354(A), 385, 353, 447, 504, 506/34 of the Indian Penal Code.

Allegedly, when the informant was on duty in Anganbari and then petitioners went there abused the informant and demanded Rs. 2,000/- as ransom and earlier also he has demanded ransom and on refusal, the petitioners assaulted her and caused threats to kill her and further after pulling her brought outside the Anganbari, resulting the children started weeping and then they locked the Anganbari Kendra.

Patna High Court Cr.Misc. No.3925 of 2017 (2) dt.15-02-2017 2/2 Submission is of false implication and that the petitioners are Ward Members and petitioner no.1 has filed application against the conduct of the informant earlier before the C.D.P.O. and for that the informant has lodged this false case. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegations against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with Brahmpur P.S. Case No. 294 of 2016, pending in the Court of learned Chief Judicial Magistrate, Buxar.

(Jitendra Mohan Sharma, J.) Rajiv/- U T