Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18589 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -ROH District- NAWADA ====================================================== Rita Devi, wife of Indradeo Pandey, resident of Village- Roh near at Biru Kuan, P.S.- Roh, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Chandra Pandey, Advocate. For the Opposite Party/s: Mr. Raj Kishore Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. Having regard to the nature of allegation against the petitioner for offence under Sections 341, 323, 324 and 307/34 of the Indian Penal Code and the fact that the alleged injury inflicted by the Kulhari (Axe) by the petitioner has been found to be substantiated by the doctor in his injury report finding two incised wounds, one on the right side of the head and other on the ankle joint, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
The only defence of the petitioner that there was also a counter blast version of the same occurrence would only go to show that the incidence had actually taken place in which there is a grave injury on the prosecution side ascribed to the petitioner.
Patna High Court Cr.Misc. No.18589 of 2015 (2) dt.15-06-2015 2/2 That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.
Nothing said in this order, however, will come in the way of the petitioner in surrendering and making prayer for regular bail and if he does so, the court below shall examine the injury on the side of the petitioner as is being suggested by the learned counsel for the petitioner.
(Mihir Kumar Jha, J) Sujit/- U