Patna High CourtCR. MISC./28901/2016rejected

Devendra Jha @ Bachan Jha @ Bachan And ANR v. The State Of Bihar

2016-10-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28901 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. DEVENDRA JHA @ BACHAN JHA @ BACHAN Son of late Bagis Jha Resident of Manika , Dharampur, P.S. Sarai Ranjan District Samastipur.

2. Shashi Shekhar Jha@Nunu son of Laxmi Jha Resident of Village Manika Dharampur, PS Sarai Ranjan, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar Mishra For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-10-2016 Heard both sides.

The petitioners apprehend their arrest in Sarai Ranjan P.S. Case No. 98 of 2016, registered for the offence punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that Sudhanshu Jha and Raghavendra Jha came to his shop and demanded different articles from his shop on credit but the informant asked him to clear the arrears. On such, all the accused persons are alleged to have assaulted the informant and his family members with iron rod and other lethal weapons. The informant got two injuries on his head. Eight stitches were given in the first injury found on the head of the informant. Other family members also got injuries.

Patna High Court Cr.Misc. No.28901 of 2016 (4) dt.03-10-2016 2/2 Learned counsel for the petitioners submits that there is a counter version. Sudhanshu Jha, son of Petitioner no. 1 Devendra Jha (aged about 70 years) filed a complaint case against the informant and his family members.

It appears on the face of it that the petitioners and others went to the house of the informant and assaulted the informant and his family members only when the informant refused to give the articles on credit and asked to clear the arrears. The informant got grievous injury on his head as eight stitches were given on his head.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T