Mahesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50707 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- PATORI District- Samastipur ====================================================== MAHESH JHA, Male, aged about 60 years, S/o Late Shivnath Jha, R/O-VillShahpur Undi, P.S. Shahpur Patori, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of three weeks from today. The petitioner is apprehending his arrest in connection with Shahpur Patori P.S. Case No. 350 of 2021 registered for the offences punishable under Sections 341, 323, 325, 379, 448, 354 and 342 read with Section 34 of the Indian Penal Code. Allegation against the petitioner is that of assaulting the pregnant daughter of the informant with legs on her stomach. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. He further submitted that the daughter of the informant has already given

Patna High Court CR. MISC. No.50707 of 2022(2) dt.09-01-2023 2/2 birth to a male child who is sound and healthy. As per the injury report of the injured Phool Kumari Devi, the injuries are simple in nature. The petitioner is also accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Samastipur in connection with Shahpur Patori P.S. Case No. 350 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T