Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23494 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Santosh Kumar Son of Kameshwar Prasad Resident of Mohalla - Shamir Takiya Durga Asthan, Pasi Tola, P.S. Civil Line, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Civil Line P.S.Case No.123 of 2015 instituted under Sections 149, 147, 323, 337, 338,307, 354, 379, 504 and 506 of the Indian Penal Code and Section 3(i) (x) of SC/ST (Prevention of Atrocities) Act. The allegation against the petitioner and other accused is that they wrongfully confined the mother, sister and sister-in-law of the informant by forming an unlawful assembly with deadly weapons and abusing with filthy words and assaulted them in brutal manner causing them injuries of such nature that they were taken to the hospital for treatment.

On behalf of the petitioner, it is submitted that there is no specific allegation against the petitioner nor there is any

Patna High Court Cr.Misc. No.23494 of 2015 (3) dt.03-09-2015 2/2 allegation of causing injury to the victims.

On behalf of the State and the Informant, it is submitted that anticipatory bail of other co accused have been rejected vide Cr. Misc. No.24501 of 2015 and Cr. Misc. No. 24679 of 2015.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. Any how, if the petitioner surrenders in the court below within a period of four weeks and prays for regular bail, same may be considered on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) singh/- U T