Brajesh Kumar Dubey @ Brajesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6294 of 2023 Arising Out of PS. Case No.-454 Year-2021 Thana- KHAIRA District- Jamui ====================================================== 1.

Brajesh Kumar Dubey @ Brajesh Dubey Son of Dilkishore Dubey Resident of Village - Dehridih, P.S. - Khaira, District - Jamui. 2.

Rohit Kumar Dubey @ Rohit Raj Dubey Son of Shailesh Kumar Dubey Resident of Village - Dehridih, P.S. - Khaira, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar Mr.Rajesh Kumar Sinha Ms. Anisha Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard both parties.

The petitioners apprehend their arrest in Khaira P.S. Case No. 454 of 2021, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner no. 1 gave spade blow over the head of wife of informant and petitioner no. 2 gave iron rod blow over the head of wife of informant. It is submitted that both parties are agnates. Informant is cousin brother of petitioners and there is admitted land dispute between the parties. There is case and counter case. Both sides sustained injuries.

Petitioners claim clean

Patna High Court CR. MISC. No.6294 of 2023(2) dt.13-04-2023 2/2 antecedents.

However, counsel for informant and State vehemently opposed the prayer for bail and submitted that there is specific allegation against these petitioners of commission of assault due to which the wife of informant sustained lacerated wound on left side of forehead 1/2" X 1/8" X 1/12" and another lacerated wound on right side of parietal area 2" X 1/8" X 1/2" and after X-ray of skull, hair line fracture has been found in skull bone, nature of injury has been opined as grievous by the doctor. Considering the facts aforesaid and nature of injury, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T