Arun Kant Mishra And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55187 of 2015 Arising Out of P.S. Case No. -241 Year- 2015 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ======================================================
1. Arun Kant Mishra, Son of Late Gunanand Mishra,
2. Subodh Kumar Mishra, Son of Madan Mishra,
3. Rita Devi, Wife of Late Ramesh Kumar Jha,
4. Nehal Jha @ Nehal Kr. Jha, Son of Late Ramesh Kumar Jha, All resident of GAnga Sagar, P.s.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sri Rajendra Yadav, Son of Late Lattar Yadav, Resident of VillageAllpatti, P.S.+P.O.- Laheriasarai, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amish Kumar Jha, Adv. For the Opposite Party/s : Mr. R. Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with complaint case bearing C.R. No. No.241 of 2015 for the offences punishable under Sections 147, 341, 323, 380 and 504 of Indian Penal Code.
Mr. Amish Kumar Jha, learned counsel for the petitioner submits that whereas other allegations are bailable, Section 380 has been incorporated only to attach seriousness to the allegation. He refers to a petition of complaint present at Annexure-2 to submit that there is a land dispute going on between the parties and it is after a complaint instituted by the petitioner No.3 against
Patna High Court Cr.Misc. No.55187 of 2015 (2) dt.21-12-2015 2/2 the complainant on 16.2.2015 that the present complaint has been instituted as a mark of retaliation.
Having heard learned counsel for the parties and considering the circumstances existing, let the petitioners namely,
(1) Arun Kant Mishra, (2) Subodh Kumar Mishra, (3) Rita Devi and (4) Nehal Jha @ Nehal Kumar Jha in the event of their arrest/surrender within four weeks from today, be released on bail upon each of them furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Darbhanga in connection with complaint case bearing C.R. No. No.241 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J) Bibhash/- U T