IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71405 of 2019
Arising Out of PS. Case No.-68 Year-2017 Thana- DESARI District- Vaishali
Sunil Kumar Jha, aged about 42 years, Male, Son of Jitan Jha, Resident of
Village – Taiyabpur, P.S.- Desari, Distt – Vaishali.
… … Petitioner/s
The State of Bihar
… … Opposite Party/s
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
2 21-11-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection
with Desari P.S. Case No. 68 of 2017 registered for the offences
punishable under Sections 341, Section342, Section323, Section354, Section379, Section447, Section504,
Section506/Section34 of the Indian Penal Code.
The F.I.R. in the instant case has been lodged by the
informant Lalwati Devi, alleging therein that the accused
petitioner purchased some rasan from her shop and refused to
pay for the same. The accused Sunil Kumar is alleged to catch
hold of her by hairs and pushed her on the ground, causing her
half naked. Accused Hemant Kumar is alleged to snatch her jitia
and assault her by lathi. Jitan Jha is alleged to assault her by iron
rod, which injured her on back and also snatch her gold chain.
Patna High Court CR. MISC. No.71405 of 2019(2) dt.21-11-2019
Vijay Jha is alleged to take away Rs.5,500/- from her shop.
Learned counsel for the petitioner submits that except
petitioner, co-accused has been granted bail by the court below
itself. He further submits that all the Sections except Section
354 IPC are bailable in nature and Section 354 is nothing but the
super addition. Learned counsel for the petitioner further
submits that the petitioner has no any criminal antecedent. There
is specific allegation against the petitioner.
In the facts and circumstances of the case, I am not
inclined to grant anticipatory bail to the petitioner. Accordingly,.
The prayer for anticipatory bail of the petitioner is hereby
rejected. However, the petitioner is directed to surrender before
the court below and pray for regular bail and the learned trial
court is directed to pass the order on the same day without being
prejudiced by this order.
(Anjani Kumar Sharan, J)