Kedar Nath Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 1886 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- SARAI RANJAN District- Samastipur ====================================================== KEDAR NATH JHA S/o Late Ram Prakash Jha Resident of Village- Bhojpur, P.S.- Sarairanjan, Distt- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suneil Kumar Thakur For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506 of the Indian Penal Code.
Prosecution case in brief is that step son of the informant i.e. petitioner took the signature of the children of the informant and withdrew Rs.1,60,0000/- from the account of his father. When the informant demanded her share, the petitioner abused the informant. On 31.10.2019, the petitioner entered the house of the informant and abused and assaulted the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. No occurrence as alleged took place, rather the father of the
Patna High Court CR. MISC. No. 1886 of 2020(2) dt.26-02-2020 2/3 petitioner purchased about one Bigha of land in the name of the informant, who happens to be the second wife of his and to compensate the same, he/the father of the petitioner made the mother of the petitioner, who happens to be his 1st wife, a nominee for one of his deposit amounting to about Rs. 8 lac, which the mother of the petitioner namely Smt. Anandi Devi withdrew after the death of her husband. The petitioner has obtained a certificate dated 9.12.2019 from the Post Master Samastipur Headquarter which shows that the saving account no. 174137 old, 1407338901 new (regarding which the entire allegation revolves) in the name of late Ram Prakash Jha has been operated by his wife i.e. it's nominee namely Smt. Anandi Devi and said account is related with Kedar Nath Jha i.e. the petitioner in neither way. The petitioner has got no criminal antecedent.
In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-6th Samastipur, in
Patna High Court CR. MISC. No. 1886 of 2020(2) dt.26-02-2020 3/3 connection with Sarairanjan P.S. Case No. 170 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) amitkumar/- U T