Shyam Nandan Jha @ Shayma Nand Jha @ ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42054 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -HARIJAN THANA District- SAMASTIPUR ======================================================

1. Shyam Nandan Jha @ Shayma Nand Jha Son of Yogendra Jha

2. Raju Jha @ Rajiv Jha @ Rajeev Jha son of Shyam nandan Jha @ Shyam Nand Jha Both R/o Village Kharsand East, P.S. Kalyanpur, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 506/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. It is alleged that the all the accused persons including the petitioners along with five unknown came in the house of the informant, abused the husband of the informant by calling caste name and gave life threats for deposing against the accused persons and assaulted the informant.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.42054 of 2015 (2) dt.13-10-2015 2/2 petitioners that the accusation is omnibus and general. The petitioners' side had lodged case at earlier point of time. For the occurrence of 18.05.2014 the FIR was registered on 21.05.2014 which reached to the court of learned ACJM on 24.05.2014 which suggests that the FIR has been registered by antedating and similarly situated co-accused persons have been granted bail vide Cr. Misc. No. 49018 of 2014.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur in connection with Samastipur SC/ST P.S. Case No. 35 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T