Mahesh Jha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8217 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================
1. Mahesh Jha, son of late Jagadish Jha,
2. Raushani Devi, wife of Chandan Jha, both are resident of villageBalaha, Police Station- Chak Mehsi District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-03-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Chak Mehsi P.S. Case No.56 of 2016 instituted for the offence under Section(s) 448, 341, 323, 324, 307, 354-B, 379/34 Indian Penal Code.
As per written report, petitioner No.1 entered into the room and attempted to commit illegal act with the informant. He has also torn her blouse. In the meantime, husband of the informant, Pankaj Jha, came to save her and he was also assaulted by these petitioners with lathi on his head. Other accused persons also assaulted and snatched golden chain. It has been submitted on behalf of the petitioners that petitioner No.1 is cousin brother of husband of the informant
Patna High Court Cr.Misc. No.8217 of 2017 (3) dt.20-03-2017 2/3 and petitioner No.2 is sister of the informant. It has further been submitted that the informant's husband, Pankaj Jha, got married the son of the petitioner No.1, Chandan Jha, with informant's sister, Roushani, without consent of petitioner No.1, father of Chandan Jha. The informant was opposing the marriage, which was the cause of dispute.
From the nature of allegation, it appears that there is general and omnibus allegation against these petitioners. Injury reports have been annexed as Annexure-2 series from which it appears that the husband of the informant had sustained simple injury caused by hard and blunt substance. There is no repetition of blow on the person of husband of the informant and the doctor has not found any external injury on the person of the informant.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chak Mehsi P.S. Case No.56 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Samastipur, subject to the
Patna High Court Cr.Misc. No.8217 of 2017 (3) dt.20-03-2017 3/3 conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T