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Patna High CourtCR. MISC./40422/2023bail granted

Purushotam Jha v. The State Of Bihar

2023-08-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40422 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.

Purushotam Jha Son Of Bhishm Jha Resident Of Village Thadhi P.S. Andhrathadhi, District- Madhubani 2.

Mihir Kumar Jha Son Of Purushotam Jha Resident Of Village- Thadhi, PsAndhrathadhi, District- Madhubani 3.

Ranjan Kumar Jha Son Of Purushotam Jha Resident Of Village- Thadhi, PsAndhrathadhi, District- Madhubani 4.

Shimpy Kumari Wife Of Ranjan Kumar Jha Resident Of Village- Thadhi, Ps- Andhrathadhi, District- Madhubani 5.

Sangita Kumari Jha @ Sangita Jha Wife Of Mihir Kumar Jha Resident Of Village- Thadhi, Ps- Andhrathadhi, District- Madhubani 6.

Paltan Kumar Jha @ Paltan Jha Son Of Late Sadanand Jha Resident Of Village- Thadhi, Ps- Andhrathadhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Andhrathadhi P.S. Case No. 47 of 2022 registered for the offences punishable under Sections 420, 467, 468 and 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner nos. 1 to 5 have antecedent of one case, petitioner

Patna High Court CR. MISC. No.40422 of 2023(2) dt.02-08-2023 2/3 no.6 is a person with clean antecedent and petitioner nos. 4 and 5 are women and the informant alleges that his land was sold by Purushotam, his own brother, in favour of his daughter-in-law and Paltan Jha is a witness on the same.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that Purushottam Jha is own brother of the informant, it is further submitted that petitioners also have their share in the land and accordingly Purushottam Jha executed sale deed in favour of his daughter-in-law. Learned counsel further submits that if informant is aggrieved by execution of the sale deed, then he has remedies available in law before a court of competent civil jurisdiction.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.40422 of 2023(2) dt.02-08-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Andhrathadhi P.S. Case No. 47 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T