Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16219 of 2022 Arising Out of PS. Case No.-172 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== GAUTAM KUMAR Son of Rakesh Singh Resident of Village - Satuahi, P.S. - Jamhore, District - Aurangabad.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul Kumari For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 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, 323 307, 379, 448, 504 and 34 of the Indian Penal Code pending in the Court of learned Additional Chief Judicial Magistrate III, Aurangabad.

As per the F.I.R., petitioner along with other coaccused entered the house of the informant and assaulted the wife of the informant and other family members and also snatched a golden chain from the neck of the wife of the

Patna High Court CR. MISC. No.16219 of 2022(2) dt.15-11-2022 2/2 informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner of assaulting the victim with Khanti as a result of which she sustained head injury and on the perusal of the impugned order it is mentioned that the injuries found upon the victim are grievous in nature. Therefore, he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Jamhore P.S. Case No.172 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected.

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