Mithlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59295 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

MITHLESH RAM Son of Narendra Ram Resident of Village-Vimalpur, P.S.-Mehsi, District-East Champaran.

2.

KRISHNA DEVI Wife of Raj Kishore Ram Resident of Village-Basghat, P.S.-Chakia, District-East Champaran.

3.

MD. ASLAM @ ASLAM MANSOORI Son of Wakil Mansuri Resident of Village-Basghat, P.S.-Chakia, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 1.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 3.

The petitioners are apprehending their arrest in connection with Chakia P.S. Case No. 262 of 2022 dated 22.06.2022, in a case registered for the offences punishable u/ss 447, 354, 509, 389, 504, 506 read with Section 34 of the Indian Penal Code.

4.

As per the prosecution the case, on the

Patna High Court CR. MISC. No.59295 of 2023(2) dt.22-09-2023 2/3 alleged date and time of occurrence, the informant was taking class, in the meantime, some boys started using vulgar languages. The informant complaint to the Head Master. The Head Master scolded the boys, due to which some of them tried to run away. During the course of running, one of the boys namely, Manish Kumar's hand got rubbed on the wall due to which he received injuries on his hand. Thereafter, the mother of Manish Kumar, his uncle and Md. Aslam along with some other persons came and started abusing the informant and tried to drag her. When the Head Master came to pacify the matter, the accused persons threatened them that they would file false against them under SC/ST Act.

5.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against these petitioners. The petitioner no. 1 is accused in two more criminal cases whereas the petitioner nos. 2 and 3 have no criminal antecedent as stated at para 3 of the bail petition. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in

Patna High Court CR. MISC. No.59295 of 2023(2) dt.22-09-2023 3/3 the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bailbond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with Chakia P.S. Case No. 262 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T