Ram Pravesh Giri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48413 of 2015 Arising Out of PS.Case No. -223 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ram Pravesh Giri Son of Late Bindeshwari Giri,
2. Nanhak Sahani, son of Jaleshwar Sahani, Both are residents of village - Kuriya, P.S. - Madhuban, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party : Mr. Chandra Bhushan Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the learned counsel for the state.
The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No. 223 of 2014 for the offences instituted under Sections 341, 323, 353, 504, 506 and 34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant namely Jai Narayan Prasad, who is teacher of government primary school Kauriya Mor gave a written application before the officerin-charge Madhuban P.S. on 24.09.2014 stating therein that on 24.09.2014 he reached school in time and at that time the petitioners also reached there and they talked with him about
scholarship of students on which he replied that you talk with the principal but they adamant to abuse him and also they assaulted him by slaps and fists and they further threatened that if you complain anywhere, they will kill him. It is further stated that some people of that village are always threatening the teacher and they locked the school and the informant has no knowledge that they have taken what papers from the school.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the petitioners have falsely been implicated in the present case. The petitioner no.1 is approximately 70 years of age. There is admitted enmity between the parties. Hence, this prosecution has been brought against them.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Madhuban P.S. Case No. 223/2014, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub-Judge
IV, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T