Anil Kumar Jha @ Lalan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59076 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== 1.

ANIL KUMAR JHA @ LALAN KUMAR JHA Son of Late Matukdhari Jha Resident of Village - Sarhad, P.S.- Pandaul, District - Madhubani. 2.

Deepak Kumar Jha @ Kundan Jha Son of Anil Kumar Jha Resident of Village - Sarhad, P.S.- Pandaul, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 448, 341, 323, 379, 308, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that they entered into the house of the informant armed with lathi, danda, roda and thick electric wire and assaulted him. Petitioner no.2 wrapped the wire in his neck and pulled it in order to kill him. When the wife of the informant came for rescue, they also

Patna High Court CR. MISC. No.59076 of 2021(2) dt.04-07-2022 2/2 assaulted her causing injury.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the parties have compromised the case in the learned court below. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail but has not denied the fact that parties have compromised the case.

Having regard to the facts and circumstances of the case, considering the compromise, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pandaul P.S. Case No.121 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T