Ramesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68183 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

Ramesh Mishra S/o Late Gulab Mishra R/o village- Majhaulia, P.S.- Bathnaha, District- Sitamarhi 2.

Purushottam Anand S/o Ramesh Mishra R/o village- Majhaulia, P.S.- Bathnaha, District- Sitamarhi 3.

Prabhat Mishra S/o Ramesh Mishra R/o village- Majhaulia, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bathnaha P.S. Case No. 325 of 2018, registered under Sections 341, 323, 353, 342, 504 and 506/34 of the Indian Penal Code. The accusation is that informant, Puspa Kumari, being Programme Manager-cum-Protection Officer, Mahila Help Line, Sitamarhi, proceeded for inquiry in Domestic Violence Case No. 07 of 2018 in the light of order of S.D.J.M., Sitamarhi in village Manjhaulia with her team, where she started to talk with Ramesh Mishra (petitioner no.1) and Nirala Devi, parents of Purshottam Anand (petitioner no.2). At that time, Purshottam Anand and his

Patna High Court CR. MISC. No.68183 of 2019(2) dt.18-11-2019 2/2 brother, Prabhat Mishra (petitioner no.3) reached there and started to abuse then she proceeded for boarding in her vehicle then in the way, Prabhat Mishra (petitioner no.3), Ramesh Mishra (petitioner no.1) surrounded her vehicle and started to assault her. When villagers gathered there then anyhow informant moved from there. Learned counsel for the petitioners submits that, in fact, regarding Domestic Violence Case No. 07 of 2018, the report was already prepared by the informant on 27.09.2018 but with ulterior motive the present case has been lodged with false allegation saying the visit of the informant on 03.12.2018 for preparation of the report.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P.S. Case No. 325 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T