Shivanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30180 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Shivanand Jha Son Of Late Niranjan Jha R/O Village - Damodarpur, P.S.- Benipatti, District - Madhubani.

2.

Pawan Kumar Jha Son Of Shivanand Jha R/O Village - Damodarpur, P.S.- Benipatti, District - Madhubani.

3.

Krishna Kumar Jha Son Of Late Shesh Narayan Jha R/O Village - Damodarpur, P.S.- Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudheera Jha Wife of Khadanand Jha R/o village - Damodarpur, P.S.- Benipatti, District - Madhubani.

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

For the Petitioner/s :

Mr. Baidya Nath Thakur For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 120B of the Indian Penal Code.

3. Petitioners are said to have blackmailed the informant on the pretext of the registry of land. They have also threatened as well as cheated her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the dispute is purely civil in nature. He submits that the petitioner is ready to return Rs. 1,11,000/- to the complainant within three months. He further

Patna High Court CR. MISC. No.30180 of 2023(4) dt.06-02-2024 2/2 submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for four months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 53 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Learned Court below is directed to confirm the bail bond of the petitioners after satisfying that the petitioners have returned the aforesaid amount to the complainant.

8. It is made clear that after receiving the aforesaid amount, the complainant will withdraw the complaint case filed against the petitioners.

devendra/- (Anjani Kumar Sharan, J) U T