Gopal Jha @ Gopal Kumar Jha @Gupal Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44884 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- CHORAUT District- Sitamarhi ====================================================== 1.
GOPAL JHA @ GOPAL KUMAR JHA @GUPAL KUMAR JHA SON OF TARAKANT JHA RESIDENT OF VILLAGE - CHORAUT, PSCHORAUT, DISTT- SITAMARHI 2.
RUPESH KUMAR JHA @ RUPESH KUMAR SON OF GOPAL KUMAR JHA @ GOPAL JHA @ GOPAL KUMAR JHA RESIDENT OF VILLAGE - CHORAUT, PS- CHORAUT, DISTT- SITAMARHI 3.
ISHWAR NARAYAN JHA SON OF SUBANS JHA RESIDENT OF VILLAGE - CHORAUT, PS- CHORAUT, DISTT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar , Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323, 328, 354(B), 379, 420, 504 and 509/34 of the Indian Penal Code.
3. As per F.I.R, it is alleged that on 07.02.2023, petitioner No . 1 Gopal Jha fraudulently executed a sale deed in favour of him from husband of the informant. Again on
Patna High Court CR. MISC. No.44884 of 2023(2) dt.11-08-2023 2/3 18.02.2023, at about 09:00 PM, all FIR named accused persons including these petitioners entered into the house of the informant, while she was alone in her house, petitioner No . 2 Rupesh Kumar Jha and petitioner No . 3 Ishwar Narayan Jha snatched her gold Mangal sutra and gold chain from her possession and petitioner No . 1 Gopal Jha abused her and tried to outrage her modesty.
4. It is submitted on behalf of the petitioners have falsely been implicated in this false and concocted case. Petitioner No . 1 has purchased the land in question from the husband of the informant by paying full consideration money of Rs. 5,58,000/- on which there is no house of the informant, as such no case is of cheating is made out against these petitioners. Rest of the allegation is super-addition to make the case grave .
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail 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 Judicial Magistrate 1st Class Pupri at Sitamarhi
Patna High Court CR. MISC. No.44884 of 2023(2) dt.11-08-2023 3/3 District- Sitamarhi in connection with Choraut P.S. Case No . 33 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T