Mithilesh Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36732 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -NARHAT District- NAWADA ======================================================

1. Mithilesh Prasad, son of Prasad Mahto

2. Abhay Kumar, son of Kameshwar Mahto

3. Vikash Kumar, son of Jairam Prasad

4. Jitendra Kumar, son of Alakhdeo @ Alakh Prasad All resident of village Nadsena, Police Station Sitamarhi, District Nawada .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Narhat (Sitamarhi) Police Station Case No. 74 of 2016, disclosing offences under Sections 341, 342, 353, 354, 504/34 of the Indian Penal Code.

The informant, who is Community Co-ordinator, in Jivika, has alleged that she had gone to supervise the construction of toilets in the concerned village, where these petitioners misbehaved with her and kept her under confinement.

Learned Counsel for the petitioners has submitted that all the petitioners belong to the same family

Patna High Court Cr.Misc. No.36732 of 2016 (2) dt.06-09-2016 2/2 and a false case has been instituted because the petitioners were protesting the activities of the informant. Considering the nature of accusation, this application is allowed.

Let the petitioners, namely, Mithilesh Prasad, Abhay Kumar, Vikash Kumar and Jitendra Kumar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Nawada, in connection with Narhat (Sitamarhi) Police Station Case No. 74 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √