Shiv Nath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19945 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Shiv Nath Sah Son Of Late Bahadur Sah R/O Village- Shahbazpur, P.S.- Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.
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, 307, 504, 34 of the Indian Penal Code.
Allegation against the petitioner is that he assaulted the wife of the informant on her head by iron rod due to which she sustained injury and fell down on ground. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely
Patna High Court CR. MISC. No.19945 of 2021(2) dt.13-01-2022 2/2 implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the doctor examined the injured person and found injuries are simple in nature caused by hard and sharp blunt substance. 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 of assault upon the head of the wife of the informant against the petitioner. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Hussainganj P.S. Case No. 161 of 2020. (Anjani Kumar Sharan, J) devendra/- U T