Rakesh Jha @ Rakesh Kumar @ Rakesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2486 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== RAKESH JHA @ RAKESH KUMAR @ RAKESH KUMAR JHA Son of Late Paras Nath Jha, Resident of Village-Telhara Kala, P.S. Kundwa Chainpur, District East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajan For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kundwa Chainpur P.S. Case No. 71 of 2016 registered under Sections 307, 302, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 19.08.2016 the informant along with his wife Sangita Devi was going to his house from Khalihan. When they reached near the house of Ram Nihora Sah, they heard sound of firing. At that time the petitioner ordered to fire and firing hit on the neck of his wife Sangita Devi. The villagers tried to catch hold the accused persons. At that time he saw Suman Saurav, Bablu Jha and Rakesh Kumar. The firing of Suman Saurav hit at the neck of Sangita Devi who died.

Patna High Court Cr.Misc. No.2486 of 2017 (2) dt.03-03-2017 2/2 It is submitted on behalf of the petitioner that since petitioner is father of Suman Saurav who is said to cause fire arm injury on the neck of the wife of the informant, hence he has also implicated in the present case. It is further submitted that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail stands rejected in connection with Kundwa Chainpur P.S. Case No. 71 of 2016, pending in the Court of learned Sub-Divisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran. The petitioner, above named, is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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