Aman Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53673 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== Aman Kumar Jha, S/o- Ramu Jha, resident of Village- Mangalwar, P.S.- Bhargama, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhargama P.S. Case No.115 of 2016 registered under Sections 147, 148, 341, 323, 379, 307, 506 and 504 of the Indian Penal Code, pending in the court of Sri Kumar Amit Manu, Additional Chief Judicial Magistrate, Araria.

The accusation of the informant Raghunandan Sah is that on 26.08.2016 at about 08.00 P.M. in the night, he alongwith his family members including the ladies had gone to see the fair of Krishna Janmastmi at village-Mangalwar. The ladies of the family of the informant was engaged in purchasing the articles. At that time, the petitioner and one Vicky Kumar used to talk with the ladies of the

Patna High Court Cr.Misc. No.53673 of 2016 (2) dt.21-12-2016 2/2 family of the informant in filthy language. When Kiran Devi, the wife of the informant, made protest then Pawan Kumar, the cousin brother of the informant, reached there and also made protest whereupon the petitioner caused injury at the head of Pawan Kumar through iron rod. In that course, the petitioner also caused injury to the informant on his head through iron rod.

Learned counsel appearing on behalf of the petitioner submits that while the allegation against the petitioner is to cause injury at the head of the informant and his cousin brother Pawan Kumar through iron rod but only one injury was found on the head of the informant, which is simple in nature caused by hard and blunt substance whereas the injury as found on the head of Pawan Kumar, the cousin brother of the informant, is grievous in nature but the same is said to be caused by sharp cutting weapon and not by hard and blunt substance. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T