Mukesh Kumar Jha @ Mukesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55482 of 2023 Arising Out of PS. Case No.-225 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Mukesh Kumar Jha @ Mukesh Jha S/O Sunil Kumar Jha R/O VillageBasant, P.S- Jalley, Distt.- Darbhanga. 2.

Sunil Kumar Jha S/O Late Devendra Jha R/O Village- Basant, P.S- Jalley, Distt.- Darbhanga.

3.

Rakesh Kumar Jha S/O Sunil Kumar Jha R/O Village- Basant, P.S- Jalley, Distt.- Darbhanga.

... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Anita Devi W/O Rajesh Kumar Jha R/O Village- Rasulganj, P.S- Koili, P.SNanpur, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Nanpur P.S. Case no. 225 of 2021, registered under sections 498A, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant was married to Rajesh Kumar. It is stated that the accused persons including the three petitioners herein tortured and assaulted the informant for non-fulfillment of further demands. Ultimately, she had to leave her sasural and had to live at her parents place,

Patna High Court CR. MISC. No.55482 of 2023(2) dt.25-08-2023 2/3 however, the assault and their abuses continued.

4. Learned counsel for the petitioners submits that the petitioners are two brother-in-laws and father-in-law of the informant. The allegations besides being false and concocted are general and omnibus in nature. The husband of the informant has been enlarged on anticipatory bail vide order dated 15.7.2023 (Annexure-2) passed in A.B.P no.1355 of 2023 by the learned Sessions Judge, Sitamarhi. The reason for not granting bail to the three petitioners herein was that their earlier application for anticipatory bail had been rejected. The petitioners have no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R. and grant of anticipatory bail to the husband of the informant vide order dated 15.7.2023 (Annexure-2), it is directed that all the three petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nanpur P.S. Case no. 225 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.55482 of 2023(2) dt.25-08-2023 3/3 Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi. (Partha Sarthy, J) Shiv/- U T