Chakhana @ Sumit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13147 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -BARHARA District- PURNIA ====================================================== Chakhana @ Sumit Kumar Jha, Son of Late Amal Jha, Resident of VillageSahwankhut, P.S. Barhara Kothi, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Uday Singh, Advocate.

For the Opposite Party : Ms. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioner apprehends his arrest in Barhara P.S. Case No. 27 of 2016 registered for the offences punishable under Sections 364, 366A, 511 and 34 of the Indian Penal Code. The informant alleged that Natwar Kumar Jha @ Raghav Kumar Kumar Jha and his friends made an abortive attempt to kidnap his grand-daughter Nisha Kumari, but the villagers somehow rescued her. The petitioner Chakhana @ Sumit Kumar Jha was driving the vehicle.

Learned counsel for the petitioner submits that in the entire FIR no allegation is made against the petitioner. It appears that name of the petitioner was inserted. None of the witnesses have stated that the petitioner was driving the vehicle. On account

Patna High Court Cr.Misc. No.13147 of 2016 (3) dt.24-06-2016 2/2 of enmity name of the petitioner was inserted. It appears from perusal of the FIR that the informant stated that it was the petitioner who was driving the vehicle and Natwar Kumar Jha @ Raghav Kumar Kumar Jha made an abortive attempt to kidnap the victim from the said vehicle along with his friends.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Barhara P.S. Case No. 27 of 2016. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T