Patna High CourtCR. MISC./28845/2016bail granted

Rakesh Kumar Jha And ORS v. The State Of Bihar

2016-07-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28845 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Rakesh Kumar Jha

2. Akhilesh Kumar Jha

3. Nitesh Kumar Jha, All sons of Kamleshwar Jha, resident of village- Sheetalpatti, P.SSiwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Siwaipatti P.S. Case No.23 of 2016 registered under Sections 341, 323, 307, 504, 447 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the ingredients of the offence punishable under Section 307 of the Indian Penal Code would not be attracted in the present case as the injuries found on the person of the informant were all simple and superficial in nature. He has further submitted that the allegation of theft is nothing but an attempt to make the offence

Patna High Court Cr.Misc. No.28845 of 2016 (2) dt.25-07-2016 2/2 serious in nature.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. He has submitted that the injury caused to a person is not the only consideration for attracting the offence under Section 307 of the Penal Code.

Regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, namely, Rakesh Kumar Jha, Akhilesh Kumar Jha and Nitesh Kumar Jha are directed to 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 Sub Judge-IV-cum-A.C.J.M., Muzaffarpur in connection with Siwaipatti P.S. Case No.23 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T