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Sunil Kumar Jha vs The State Of Bihar on 21 November, 2019

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
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
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
ORAL ORDER

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
2/2

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)
Nasimul/-

U T

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