Mahadeo Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27813 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Mahadeo Jha

2. Lal Jha Both Sons of late Bilat Jha Resident of Village- Bagraha, P.ws. Ghogardiha, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Ghoghardiha P.S.Case No. 18 of 2017,registered for offences punishable under Sections 341, 323, 354, 384 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they had caught hold the hair of the mother of the informant and dragged her down.

Submission of the learned counsel for the petitioners is that prior to that case they had already lodged a case and after five days of the case, the informant had lodged the case against the petitioners.

Patna High Court Cr.Misc. No.27813 of 2018 (2) dt.11-05-2018 2/3 Learned A.P.P. opposes the prayer for bail and submitted that according to F.I.R. two trees of the informant damaging his asbutus and when tried to cut the branches accused demanded a ransom of Rs. 5000/- to allow the cut of branches for which the accused assaulted the informant, who is a lady. Learned A.P.P. opposes the prayer for bail .

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Madhubani in connection with Ghoghardiha P.S.Case No. 18 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or

Patna High Court Cr.Misc. No.27813 of 2018 (2) dt.11-05-2018 3/3 tamper with the evidence.

iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T