Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12277 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== ANISH KUMAR aged about 21 years, Male, S/o Ramdayal Yadav Resident of Village- Khajauri, P.S.- Town, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking anticipatory bail in connection with Town P.S. Case No. 62/2018 registered under Sections 341, 323, 324, 307, 379, 354(B), 504, 506, 34 of the Indian Penal Code and 3⁄4 of Diyan and Bhut Act pending in the court of learned learned Chief Judicial Magistrate, Madhubani.

As per prosecution version the mother of the informant was assaulted saying that she is a Witch (Dyan) and place witch craft. She was undressed. One Ram Dayal Yadav assaulted her with Farsa on the head and thereafter this petitioner has allegedly given a Farsa blow upon the

Patna High Court CR. MISC. No.12277 of 2019(2) dt.07-03-2019 2/3 informant on his head because of which he got injured. It is alleged that when his father and sister came to save they were also assaulted.

Learned counsel for the petitioner submits that the petitioner has committed no offence and the entire prosecution version is full of concocted story. It is also stated that father of this petitioner has also filed a case against the informant and others giving rise to Town P.S. Case No. 61/2018. Both the parties are said to be fighting over a land dispute.

No one appears on behalf of the State to oppose this application.

This court has gone through the records and finding that there is allegation of giving a Farsa blow against this petitioner, this court is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is refused.

However, in case, the petitioner surrenders and prays for regular bail in the court below within a period of six weeks from today, his prayer for regular bail shall be

Patna High Court CR. MISC. No.12277 of 2019(2) dt.07-03-2019 3/3 considered by the court below keeping in mind that there is a case and counter case. The parties are said to be fighting over a land dispute. The prayer for regular bail of the petitioner shall not be refused only because this court has not granted anticipatory bail to the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T