Patna High CourtCR. MISC./9597/2022dismissed

Anand Kumar @ Anand Kishor Kumar v. The State Of Bihar

2022-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9597 of 2022 Arising Out of PS. Case No.-1026 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Anand Kumar @ Anand Kishor Kumar Son Of Shankar Bhagat R/O VillageMathiya Morsandi, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 447, 307, 379, 504 of the Indian Penal Code and later on Section 302 of the IPC added.

Petitioner is said to have given a Khanti blow over the head of the wife of the informant as a result of which she fell down.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.9597 of 2022(2) dt.03-08-2022 2/2 implicated in this case. He submits that the informant is not an eye witness and only on the basis of suspicion, petitioner has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner to assault the deceased by means of Khanti on the head of the deceased. Postmortem also shows that deceased died due to head injury.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Motipur P.S. Case No. 1026 of 2018.

(Anjani Kumar Sharan, J) devendra/- U T