Arun Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11726 of 2015 Arising Out of PS.Case No. -185 Year- 2014 Thana -KATRA District- MUZAFFARPUR ======================================================
1. Arun Jha Son of Late Uttim Lal Jha
2. Shailendra Kumar Jha @ Shailendra Jha
3. Sudhakar Kumar Both 2 & 3 Sons of Arun Jha All R/o Village - Jajuar (West), P.S. - Katra, District - Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Krishna Prasad Singh, Sr. Advocate.
For the Opposite Party : Mr. Nagendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.
The petitioners apprehend their arrest in Katra P.S. Case No. 185 of 2014, registered for the offences punishable under Sections 325, 324 and other Sections of the Indian Penal Code. The informant made allegation that while he was going to market the petitioner no. 2 and 3 Shailendra Kumar Jha @ Shailendra Jha and Sudhakar Kumar caught and assaulted him. His leg was fractured. The accused persons took away Rs. 3 lakhs from his bag. Shri Krishna Prasad Singh, the learned senior counsel submits that there is counter version being Katra P.S. Case No. 174 of 2014, in which it is alleged that Ranjit Thakur the informant of the present case dashed him by his tractor and Arun Jha the informant fell down and received injuries.
Patna High Court Cr.Misc. No.11726 of 2015 (5) dt.03-07-2015 2/2 It appears that the informant has claimed that his leg was broken on account of assault made by Shailendra Kumar Jha @ Shailendra Jha and Sudhakar Kumar, the petitioner nos. 2 and 3, but no specific allegation is made against petitioner no. 1 Arun Jha who happens to be father of petitioner nos. 2 and 3. Considering the facts aforesaid, I am not inclined to enlarge the petitioner nos. 2 and 3 Shailendra Kumar Jha @ Shailendra Jha and Sudhakar Kumar on anticipatory bail. Accordingly, the same is rejected.
So far as the case of petitioner no. 1 Arun Jha is concerned, there is no specific allegation against him, he, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Manjhi, the learned Judicial Magistrate Ist Class, Muzaffarpur in Katra P.S. Case No. 185 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T