Abhishek Kumar Jha @ Abishekha Kumar Jha @ Kanhaiya Jha @ Kanhaiya Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6137 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -BAHERA District- DARBHANGA ====================================================== Abhishek Kumar Jha @ Abishekha Kumar Jha @ Kanhaiya Jha @ Kanhaiya Kumar Jha, Son of Manikant Jha, Resident of Village-Nawada, Police Station- Bahera, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party : Mr. Uday Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Bahera P.S. Case No. 203 of 2016 instituted for the offence under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. From the written report it appears that this petitioner gave Khanti blow on the head of the informant causing bleeding injury as a result of which the informant fell down. Thereafter the petitioner attempted to gave second blow by his Khanti on his neck, which was saved by Hem Jha, as he caught hold the Khanti. Other accused persons also assaulted Hem Jha. The injury report has been enclosed as Annexure-2, wherein doctor has found lacerated wound on parietal region of scalp 2 1⁄2" x 1⁄4"x scalp deep

Patna High Court Cr.Misc. No.6137 of 2017 (2) dt.17-02-2017 2/2 as well as other injuries. The doctor opined that the injuries are simple in nature but from the allegations made in the written report, it appears that after giving one khanti blow, petitioner attempted to give second blow of khanti on the neck of the informant which was saved by Hem Jha. Therefore, this court is not inclined to grant the petitioner anticipatory bail. Accordingly, this anticipatory bail petition is hereby rejected. The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T