Shashi Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4675 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Shashi Bhushan, Son of Muneshwar Sah, Resident of Village- Baghi, P.S.- Samastipur Mufassil, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Samastipur Muffasil P.S. Case No. 208 of 2016 for the offences punishable under sections 448, 341, 323, 307 and 504/34 of the I.P.C.

Allegedly, the petitioner and co-accused Pradip Kumar assaulted Anisha Kumari and Rajhansh Kumar on their head with brick, iron rod and lathi resulting Anisha Kumari was referred to P.M.C.H. and others have also been injured. Submission is of false implication and that no offence as alleged under section 307 of the I.P.C. is made out, there was

Patna High Court Cr.Misc. No.4675 of 2017 (3) dt.17-03-2017 2/2 no intention to commit such offence, both sides have received injuries and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes prayer for pre-arrest bail of the petitioner by pointing out that Anisha Kumari has received grievous injury on her head. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M. Vth, Samastipur.

(Jitendra Mohan Sharma, J) Abhay/- U T