Jagdeo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79121 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- SIWAN CITY District- Siwan ====================================================== Jagdeo Mishra S/O Late Raghunath Mishra Resident of Village- Baishakhi, P.S.- Sarai O.P., Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Siwan Town Police Station Case No. 339 of 2024, disclosing offences under Sections 342, 323, 504, 506, 427, 452, 354(B), 379, 34 of the Indian Penal Code.

3. As per the FIR, on 30.06.2024, the petitioner and other accused persons reached at the place of occurrence, started demolishing the house of the informant and upon objection, they assaulted the informant and his wife with fists, slaps, lathi etc. It has further been alleged that the petitioner torn the blouse of informant's wife in order to outrage her modesty and also

Patna High Court CR. MISC. No.79121 of 2024(2) dt.05-12-2024 2/3 snatched golden earring, mangalsutra and threatened the informant and his family members for vacating the house.

4. Learned Counsel for the petitioner submits that a title suit bearing Title Suit No. 907 of 2024 filed by the informant is pending before the learned Sub-Judge, Siwan. The petitioner is defendant No. 4 in the said suit. A counter case has been filed by the side of the petitioner bearing Siwan Town P.S. Case No. 340 of 2024. The present FIR has been lodged due to dispute regarding house.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there appears to be property dispute between the parties and counter case has also been filed by the side of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Town Police Station Case No. 339 of 2024, subject to the condition laid down under Section 438 (2)

Patna High Court CR. MISC. No.79121 of 2024(2) dt.05-12-2024 3/3 of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T