Vinod Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15855 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Vinod Chauhan Son Of Dasharath Chauhan R/O Village- Ultain, P.S.- Pakribarawan, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Pakaribarawan P.S. Case No. 407 of 2022 under sections 341, 323, 324, 354, 307, 504/34 of the Indian Penal Code lodged on 28.08.2022 by the informant Rajni Kumari. The prosecution story, in brief, is that the informant Rajni Kumari is that she took her cattle towards the field where the accused Lalan Chauhan finding her alone pushed her on the ground. She raised the alarm whereafter her brother Birje Chauhan reached there and protested. The accused Lalan Chauhan thereafter assaulted his brother. It was further alleged

Patna High Court CR. MISC. No.15855 of 2023(2) dt.23-05-2023 2/3 that other co- accused Binod Chauhan having stick in his hand, Ravindra Chauhan having Khanti in his hand, Dasrath Chauhan having Khanti in his hand,Sona Devi having stick in her hand assaulted her brother who become unconscious. On hearing the commotion, nearby villagers came and saved his life. Further, when the other brother of the informant Mahavir Chauhan came and was taking away Birje Chauhan for treatment to the hospital, the accused Ravindra Chauhan stopped the vehicle and brandished pistol on his brother. The accused Binod Chauhan having 'Khanti' in his hand assaulted his brother due to which her brother received forehead injury. The nearby co-villager came and the brother of the informant was taken to the hospital for treatment. Accordingly, the F.I.R.

From the FIR, it is clear that this petitioner firstly assaulted Birje Chauhan and later again gave 'khanti' blow on the head of Mahavir Chauhan causing injury to the informant side.

In the aforementioned facts and circumstances, the petitioner does not deserve anticipatory bail and the same is accordingly rejected.

If the petitioner surrenders before the court below within four weeks from today, the Court shall take up the matter

Patna High Court CR. MISC. No.15855 of 2023(2) dt.23-05-2023 3/3 and dispose of the same without being prejudiced by any observation made herein.

(Rajiv Roy, J) Ravi/Kiran U T