Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6449 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- KONCH District- Gaya ====================================================== Jitendra Yadav, male, aged about 30 years, son of Deonandan Yadav Resident of Vill-Dadreji, P.S-Konch, Distt.-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2019 Heard Mr. Dhirendra Kumar Sinha, learned counsel appearing on behalf of the petitioner and learned A.P.P.. The petitioner apprehends his arrest in Konch P.S. Case No.287 of 2018 registered under Sections 307, 325, 379 and other Sections of the Indian Penal Code.

The informant named the petitioner and alleged that on account of land dispute, they all came and began to abuse. When the informant protested, Sujeet Yadav assaulted the informant with iron rod on his head. Petitioner is alleged to have assaulted the informant with iron rod on her hand causing fracture injury in the hand of the informant. The learned counsel for the petitioner submits that there is a case and counter case. From the side of the petitioner, Konch P.S. Case No.286 of 2018 is registered. Both sides

Patna High Court Cr.Misc. No.6449 of 2019(2) dt.05-02-2019 2/2 quarreled with each other on account of land dispute but it appears from perusal of the F.I.R. itself that the petitioner is alleged to have assaulted the informant, a lady, with iron rod on her hand and the injury found on the hand of the informant is grievous in nature on account of fracture.

Taking into consideration the facts that the petitioner assaulted the lady by iron rod causing grievous injury, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced by the order of this Court and also taking into consideration that there is no repetition of blow.

(Prabhat Kumar Jha, J) Saurabh/- U T