Pankaj Jha @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66937 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Pankaj Jha @ Pankaj Kumar S/o Shivnath Jha R/o Village- Shree Purhati, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Pandaul P.S. Case No. 123 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 74, 324(4) and 3(5) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that she is a widow and has only one daughter and no son, further her late husband's nephew is eyeing her property, next alleges that on 12-6-2025 at 8 am her cousin grand-sons, i.e, petitioner and Ashok came and forced her to sign on a stamp paper, on protest petitioner pressed her neck and Ashok assaulted by bamboo causing cut-injury on head and when her

Patna High Court CR. MISC. No.66937 of 2025(3) dt.20-11-2025 2/3 daughter came to save her, the accused assaulted and unveiled her.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that father of the petitioner and late husband of the informant were own brothers. It is further submitted that parties are having dispute relating to land, as such in order to coerce the father of the petitioner into submission, the present false case came to be instituted with an allegation that petitioner along with Ashok came and tried to forcefully obtain her signature on blank stamp paper and thereafter the petitioner tried to strangulate her. It is submitted that specific allegation of assaulting the informant is against Ashok. It is also submitted that since the informant got a tree cut, which was on a land, which was a joint family property, as such altercation had taken place earlier. It is next submitted that from side the side of the petitioner also Pandaul PS Case No. 124 of 2025 has been instituted.

5.

Learned A.P.P. for the State after perusing the case diary vehemently opposes the prayer for anticipatory bail of the petitioner and submits that the informant, who is a widow, suffered two injuries; one on head and other on elbow and both

Patna High Court CR. MISC. No.66937 of 2025(3) dt.20-11-2025 3/3 the injures have been opined to be grievous, it is submitted that the informant specifically alleges that this petitioner tried to strangulate her and Ashok assaulted by bamboo causing injury on head and when she fell, both the accused again assaulted her indiscriminately causing injury on hand and body, it is thus submitted that injury on head and elbow get corroborated with the allegations, it is further submitted that the Pandaul PS Case No. 124 of 2025 was instituted by way of a counter blast to the instant FIR.

6.

Considering the submission made by learned APP and the fact that petitioner is alleged to have assaulted his aunt, a widow, causing grievous injury on elbow, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T