Chunchun Jha And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2602 of 2016 Arising Out of PS.Case No. -542 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chunchun Jha Son of Late Hari Kant Jha,
2. Kalyani Jha, Wife of Chunchun Jha,
3. Rajani Kant Jha, Son of Chunchun Jha,
4. Manikant Jha, Son of Chunchun Jha,
5. Anju Jha, Wife of Rajnikant Jha,
6. Rakesh Kumar Jha, Son of Lage Nagendra Jha,
7. Mala Jha, Wife of Rakesh Kumar Jha, All resident of village - Telhara Kalan, Police Station - Kundwa Chainpur, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjeev Ranjan Jha, Son of Munedra Nath Jha, Resident of Village - Telharakala, Police Station - Kundwa Chainpur, District - East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 342, 323, 379, 384 of the Indian Penal Code. The prosecution case is that the complainant
Patna High Court Cr.Misc. No.2602 of 2016 (2) dt.30-01-2016 was going to his house from his brick kiln on motorcycle with a cash of Rs. 25,000/-, when the accused persons surrounded the complainant, assault with fists and slaps and demanded Rs. 5,00,000/- as extortion. Petitioner no. 2, Kalyani Jha snatched Rs. 25,000/-, petitioner no. 5, Anju Jha snatched gold chain and petitioner no. 7 Mala Jha, torn the shirt of the complainant.
It is submitted by the learned counsel for the petitioners that accusation has been levelled in the background of land dispute and serious litigated relationship. Petitioner no. 1, Chunchun Jha earlier lodged Dhaka P.S. Case no. 211 of 2013 against the father of the complainant Munindra Nath Jha. The complainant earlier filed Complaint Case No. C-158 of 2014 with accusation under Sections 147, 342, 323, 379, 384 of the Indian Penal Code, wherein the petitioner nos. 1, 2 and 3 are on anticipatory bail.
Considering the accusation levelled in the background of litigated relationship between the parties and the accusation has been ventilated through delayed complain, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Sikarahna at Motihari in connection with Complaint Case No.
Patna High Court Cr.Misc. No.2602 of 2016 (2) dt.30-01-2016 C-542 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T