Ajim Gaddi @ Aajim Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15170 of 2019 Arising Out of PS. Case No.-401 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== AJIM GADDI @ AAJIM GADDI Son of Late Budhan Gaddi Resident of Village - Bairiya Gadiyani Tola, ward no. 4 P.S.- Bairiya, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-06-2019 This application, for grant of anticipatory bail, arises out of Bairiya P.S. Case No. 401/18, disclosing offences under Sections 341, 323, 325, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioner and others came to the informant and assaulted the informant and his family and specific allegation against this petitioner that he tried to molest the wife of informant's brother and on hulla, he assaulted on her head by means of dabiya and also tried to lift the son of informant, however, he could be save with the help of villagers.

Submission of learned counsel for the petitioner is that the genesis of the occurrence is previous cases between the parties and though there is finding that the injuries being

Patna High Court CR. MISC. No.15170 of 2019(4) dt.24-06-2019 2/2 grievous in nature but from perusal of the injury report, it would appear that the injuries are superficial in nature. Further submission is that co-accused of this case has been enlarged on regular bail by a coordinate Bench of this Court vide order dated 30.04.2019 passed in Cr. Misc. No. 20687/19. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case and also after considering the fact that co-accused of this case has been granted regular bail by a coordinate Bench of this Court vide order dated 30.04.2019 passed in Cr. Misc. No. 20687/19, without being prejudiced by this order, if possible on same day. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T