Shiv Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25757 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== SHIV KUMAR JHA, Son of Late Shobha Nand Jha Resident of Village - Parmanandpur, Police Station - Kajraili, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Sessions Case No. 136 of 2020, arising out of Kajraili P.S. Case No. 94 of 2019, registered under Sections 341, 323, 307, 384 and 506 of the Indian Penal Code.

The accusation is that in the evening of 01.12.2019, Shiv Kumar Jha (Petitioner), convict of murder case, caught hold the mother of informant Tripurari Kumar Jha in front of his house near Braham Asthan and started to cause assault and laid her on the ground making demand of ransom of Rs. Two lakhs saying that in case of non-fulfillment of ransom, whole family members will be finished. When mother of informant made protest then petitioner tried to kill his mother by pressing her neck, but on raising alarm the

Patna High Court CR. MISC. No.25757 of 2020(2) dt.13-10-2020 2/2 neighbourers rushed there and, anyhow, his mother has been saved.

Learned counsel appearing for the petitioner submits that petitioner and informant are co-villagers and due to land dispute, the mother of informant managed to lodge the present case with false allegation. Further submission is that while occurrence is said to be committed on 01.12.2019, but information was given to the Police Station on 06.12.2019. Further submission is that while petitioner is accused in four cases out of which he is on bail in three cases and he has been acquitted in Kajraili P.S. Case No. 128 of 2001. In the present case, the petitioner is in custody since 23.12.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge- 11th, Bhagalpur in connection with Sessions Case No. 136 of 2020, arising out of Kajraili P.S. Case No. 94 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T