Patna High CourtCR. MISC./379/2016bail granted

Victor Jha And ANR. v. The State Of Bihar

2016-01-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.379 of 2016 Arising Out of PS.Case No. -617 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================

1. Victor Jha S/o Sri Ramanand Jha

2. Santosh Das S/o Sri Keshav Pd. Sah .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 188, 291, 353 of the Indian Penal Code and 9 of the Bihar Control on Use and Play of Loudspeakers Act, 1955. The prosecution case is that the petitioners and others were granted permission to take out the march to protest against rape of a minor girl in the district of Katihar but during the procession they changed the route and used other materials which were not permissible like arrow and bow and they also used D.J. Sound system in place of loudspeakers.

It is submitted by learned counsel for the petitioners that the accusation is against the mob and the present case has

Patna High Court Cr.Misc. No.379 of 2016 (2) dt.07-01-2016 2/2 been lodged since the people protesting against the rape of a minor, as no action was taken by the police. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Katihar Town (Sahayak) P.S. Case No.617/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T