Patna High CourtCR. MISC./34496/2017rejected

Krishna Singh And ANR v. The State Of Bihar

2017-08-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34496 of 2017 Arising Out of PS.Case No. -156 Year- 2017 Thana -BHOREY District- GOPALGANJ ======================================================

1. Krishna Singh, Son of Om Prakash Singh,

2. Vinay Singh Son of Om Prakash Singh, Both are R/o Village- Kalyanpur, P.S.- Bhorey, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioners apprehend their arrest in Bhorey P.S. case No. 156 of 2017 under Section 307 and other Sections of the Indian Penal Code.

The petitioners are alleged to have assaulted Bidyawati Devi with Dab on her neck and head. The learned counsel for the petitioners submits that petitioners are nephew of the informant. The informant and petitioners are living in the same house. On account of some petty dispute the occurrence took place. There is no sharp cutting injury on the body of Bidyawati Devi, the informant. Two lacerated wounds were found on the person of Bidyawati Devi but both the

Patna High Court Cr.Misc. No.34496 of 2017 (2) dt.11-08-2017 2/2 injuries are simple in nature.

Considering the facts that petitioners are alleged to have assaulted their own aunt, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. If the petitioners surrender in the court below, i.e., the learned A.C.J.M.-XII, Gopalganj in Bhorey P.S. case No. 156 of 2017, the learned court below shall consider the prayer for regular bail of the petitioners taking into consideration that injuries said to have been inflicted upon the informant are simple in nature and dispose of the bail petition, preferably, on the same day. (Prabhat Kumar Jha, J) BKS/- U T