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Patna High CourtCR. MISC./16304/2017bail granted

Jhari Sao And ORS v. The State Of Bihar

2017-05-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16304 of 2017 Arising Out of PS.Case No. -112 Year- 2016 Thana -KINJAR District- JEHANABAD ======================================================

1. Jhari Sao Son of Late Chatrabali Sao

2. Akhilesh Sao Son of Late Chatrabali Sao

3. Shatrughan Sao Son of Jhari Sao

4. Awadhesh Sao Son of Jhari Sao

5. Chandan Kumar @ Chandan Sao Son of Akhilesh Sao

6. Kundan Kumar Son of Akhilesh Sao All Resident of Village- Satwan, P.S. Karpi, District Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioners apprehend their arrest in Kinjer P. S. Case No. 112 of 2016 registered for the offences under Sections 323, 379, 354A, 504 and 34 of the Indian Penal Code. The informant filed a complaint case no. 337 of 2016 in the court of Chief Judicial Magistrate, Arwal and the same was sent to the police station for institution and investigation and on such the present F.I.R. was lodged. The informant made allegation that the petitioners assaulted her and also tried to outrage her modesty.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.16304 of 2017 (2) dt.02-05-2017 2/2 informant is none else than the daughter-in-law of petitioner no.1. The informant is the wife of Anant Saw. Petitioner no.1 is the father of Anant Saw. On account of land dispute, the informant filed the complaint case on 07.09.2016 for the occurrence said to have taken place on 02.09.2016. The allegations are false and concocted. Petitioner nos. 1 and 2 are fathers-in-law and petitioner nos. 3 to 6 are brothers-in-law of the informant.

Considering the facts aforesaid and the fact that the petitioners are none else than the fathers-in-law and brothers-inlaw of the informant and there is land dispute between the parties, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Chief Judicial Magistrate, Arwal in Kinjer P. S. Case No. 112 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T