Rajesh Kumar Jha @ Rajesh Jha vs The State Of Bihar on 19 December, 2024

Patna High Court – Orders

Rajesh Kumar Jha @ Rajesh Jha vs The State Of Bihar on 19 December, 2024

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CRIMINAL MISCELLANEOUS No. 84460 of 2024
                   Arising Out of PS. Case No.-241 Year-2023 Thana- PANDAUL District- Madhubani
               ======================================================
          1.    Rajesh Kumar Jha @ Rajesh Jha Son of Late Rajendra Jha Resident of 5B/2
                Vjiaynagar, Singhad Road, Near Dhareshwar Temple, Dhayari, Pune City,
                Pune, Maharasta
          2.   Atul Rajesh Jha @ Santur Jha Son of Sri Rajesh Kumar Jha Resident of
               5B/2 Vjiaynagar, Singhad Road, Near Dhareshwar Temple, Dhayari, Pune
               City, Pune, Maharasta
          3.   Rachna Rajesh Jha @ Rachna Jha Wife of Sri Rajesh Kumar Jha Resident of
               5B/2 Vjiaynagar, Singhad Road, Near Dhareshwar Temple, Dhayari, Pune
               City, Pune, Maharasta
          4.   Ashok Kumar Mishra @ Ashok Mishra Son of Ram Swarth Mishra Resident
               of Village - Nagraakata Line, Nagraakata Te Garden, Jalpaiguri, Nagraakata,
               West Bengal

                                                                                ... ... Petitioner/s
                                                     Versus
               The State of Bihar

                                                      ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Mr.Saurav Kumar, Advocate
               For the Opposite Party/s :       Ms.Pushpa Sinha.1, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                     ORAL ORDER

3   19-12-2024

1. Heard learned Counsel for the petitioners and

learned APP for the State.

2. This application, for grant of anticipatory bail,

arises out of Pandaul PS case no. 241 of 2023, disclosing

offences punishable under Sections 308, 354 and other allied

sections of the Indian Penal Code.

3. The prosecution story, as per the First Information

Report, is that on 26.10.2023, fardbeyan of the informant was

recorded in hospital, in which, she has stated that on 25.10.2023
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in the afternoon, while she was at her home, petitioner no. 1

called her son and when the informant went outside of her

home, she found that all the petitioners were assaulting her son.

When the informant intervened, petitioner no. 1 assaulted her by

means of bricks and pulled her down on the ground.

4. Learned Counsel for the petitioners submits that all

the family members have been made accused. Petitioner no. 1 is

father of petitioner no. 2, petitioner no. 3 is wife of petitioner

no. 1 and petitioner no. 4 is brother-in-law of petitioner no. 1.

Learned counsel further submits that petitioners have falsely

been implicated in this case due to land dispute between the

parties, which would be evident from First Information Report

itself. He next submits that the police, during course of

investigation, granted benefit of Section 41-A Cr.P.C. to the

petitioners and the petitioners have fully cooperated during

course of investigation. Now, the police report has been

submitted and the learned Magistrate has taken cognizance of

the offence under Sections 341, 323, 325, 308, 354, 504/34 of

the Indian Penal Code. He also submits that petitioners have

apprehension that if they surrender, they may be taken into

custody by the learned Magistrate.

5. Having regard to the submissions made on behalf
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of the parties and taking into consideration the fact that

petitioners were given benefit under Section 41-A Cr.P.C. by the

Police, they cooperated in the investigation and there is no

likelihood that the petitioners will abscond or tamper with the

evidence, I am inclined to grant the privilege of anticipatory bail

to the petitioners.

6. This application is, accordingly, allowed.

7. Let petitioners, abovenamed, in the event of their

arrest or surrender before the Court below within six weeks, be

released on bail on furnishing bail bond of Rs. 10,000/- (ten

thousand) each with two sureties of the like amount each to the

satisfaction of learned Chief Judicial Magistrate, Madhubani in

connection with Pandaul PS case no. 241 of 2023, subject to the

condition laid down under Section 438 (2) of the Code of

Criminal Procedure.

(Anil Kumar Sinha, J)

rinkee/-

U          T