Rajiv Jha @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30561 of 2024 Arising Out of PS. Case No.-344 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Rajiv Jha @ Rajiv Kumar Son of Sri Kant Jha, Resident of Village- Akaha, P.S.- Bharat Khand, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Parbatta (Bharat Khand) P.S. Case No.344 of 2022 instituted under Sections 427, 448, 341, 323, 325, 354A, 354B, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that the petitioner along with his father entered the house of the informant and started assaulting her. Petitioner is alleged to have caught her with bad intention and assaulted her with iron rod causing injury near her eyes and petitioner's father caught her hair and pulled her down. It is further alleged that the petitioner and other accused snatched ear-ring and Rs.3000/- from the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30561 of 2024(2) dt.21-05-2024 2/2 petitioner is innocent and has falsely been implicated in this case due to land dispute. The petitioner and the informant are own gotia. It is a counter blast of Parbatta (Bharat Khand) P.S. Case No.345 of 2022. The allegation of snatching money etc. is ornamental. The petitioner has two criminal antecedents and both cases have been filed by the same informant in which the petitioner is on bail. The petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Parbatta (Bharat Khand) P.S. Case No.344 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T