← Library
Patna High CourtCR. MISC./9536/2016bail granted

Ranjit Kumar Jha v. The State Of Bihar

2016-03-01Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9536 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Ranjit Kumar Jha, Son of Late Dinesh Jha, resident of village - Kharka, P.S. Nanpur, District - Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 4.1.2016 in connection with Nanpur P.S. Case No.172 of 2015 for offences alleged under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is that on 24.02.2015 at about 10.00 p.m. accused Ranjit Kumar and two other accused were blocking the lane in front of the house of complainant/informant then Umesh Jha, brother-in-law of the informant made protest in which he was assaulted by them. In the meantime, husband of the informant/complainant, Feku Jha came and made protest at which he was also assaulted. In that course, Umesh Jha, brother-in-law of

Patna High Court Cr.Misc. No.9536 of 2016 (2) dt.01-03-2016 2/3 the informant reached and made intervention but Feku Jha, husband of the informant/complainant died. While the informant and her brother-in-law, Umesh Jha started to move for Police Station then the Mukhiya and Sarpanch of the village stopped them saying to compensate the death of Feku Jha and signature of Ranjit Jha and Umesh Jha was obtained on a paper by Panches and thereafter, the dead body of husband of the informant/complainant was disposed of.

It has been submitted by the learned counsel for the petitioner that although the occurrence of murder of the husband of the informant is on 24.02.2015, the complaint case has been lodged on 09.04.2015 after inordinate delay which itself creates suspicion on the allegation of the informant. It has also been submitted that the petitioner and the informant are agnates and death of Feku Jha, husband of the informant occurred as a natural death but due to land dispute, the petitioner has been falsely implicated. Furthermore, it has been submitted that the petitioner has no criminal history allegations are general and omnibus and simply because the allegation is that a bond was signed by the petitioner for giving due compensation, the petitioner has been implicated. It has also been submitted that two other accused persons have already been granted the privilege of anticipatory

Patna High Court Cr.Misc. No.9536 of 2016 (2) dt.01-03-2016 3/3 bail by a Co-ordinate Bench of this Court in Cr. Misc. No.42622 of 2015 on 08.10.2015.

However, learned A.P.P. for the State submits that the petitioner is named accused and opposes the prayer for bail. Be that as it may, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri, District- Sitamarhi in connection with Nanpur P.S. Case No.172 of 2015.

(Nilu Agrawal, J) N.H./- U T