Jata Shankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30100 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== 1.

Jata Shankar Jha son of Jibachh Jha Village- Po- Kakraul Ps- Rahika DistMadhubani 2.

Nagina Devi wife of Jata Shankar Jha Village- Po- Kakraul Ps- Rahika DistMadhubani 3.

Gurudev Jha Son of Jatashankar Jha Village- Po- Kakraul Ps- Rahika DistMadhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most. Sabita Devi wife of Late Pramod Jha @ Laddu Jha Village- PoKakraul Ps- Rahika Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Adv.

Mr. Md. Ghulam Mustafa, Adv.

Mr. Deepak Kumar, Adv.

Mr. P. Kashyap, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Rahika P.S. Case No. 213 of 2023 registered under Sections 341, 323, 325, 354(B), 447, 504 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 20.09.2023 at about 12:00 PM, the petitioners along with others were constructing boundary wall on the land of informant (Opposite Party No. 2) and when informant tried to stop them, then all the accused persons including the petitioners abused and assaulted

Patna High Court CR. MISC. No.30100 of 2024(2) dt.20-05-2024 2/2 the informant, on account of which, she sustained injuries.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to dirty village politics. Further submission is that the opposite party no. 2/informant is sister in law of petitioner nos. 1 and 2 and aunty of petitioner no. 3. The present case is counter blast of Rahika P.S. Case No. 211 of 2023 which was lodged by petitioner no. 1 against the informant. Admittedly, there is land dispute between the parties.

5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Madhubani in connection with Rahika P.S. Case No. 213 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T