Satyanarayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63955 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Satyanarayan Jha Son Of Late Saryug Jha Resident Of Village- Bihariganj, Ward No. 11, Ps- Bihariganj, Distt- Madhepura 2.

Manikant Jha Son Of Satyanarayan Jha Resident Of Village- Bihariganj, Ward No. 11, Ps- Bihariganj, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Bihariganj PS Case No 19 of 2023, dated 21-01-2023 registered for the offence punishable under Sections 323,341, 379, 354(B), 504, 325 and 506/34 of the Indian Penal Code.

3. There is allegation that accused persons, including these petitioners have entered the house of the informant and torn her clothes, whereafter, they have assaulted her and snatched her gold chain. Husband of the informant has also been assaulted.

Patna High Court CR. MISC. No.63955 of 2023(2) dt.18-10-2023 2/3

4. It is submitted by the petitioners' counsel that informant is daughter in -law of the petitioner No.1 and Bhabhi of petitioner No.2. The parties were quarreling over share in the joint family property. Earlier, petitioners have also been implicated in Bihariganj PS Case No. 4 of 2023 by the husband of the informant. Both sides have sustained injuries as is obvious from Annexure P/5 and P/6 of the bail petition.

5. Learned APP for the State has opposed the prayer for bail.

6. Considering the rival submissions, relationship between the parties and injury reports, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Udakishunganj, Madhepura, in connection with Bihariganj PS Case No 19 of 2023, dated 21-01-2023, subject to the conditions as laid down in Section 438(2) of the Code of

Patna High Court CR. MISC. No.63955 of 2023(2) dt.18-10-2023 3/3 Criminal Procedure with following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T