Baijnath Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44857 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== Baijnath Rajwanshi, Son of Ramdeo Rajwanshi, Resident of VillageFatepur, P.S.- Haspura, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 16-10-2015 When the case is taken up, prayer is made for time.

This Court would like to record that even yesterday prayer was made only for a pass over and the Court had granted indulgence with a clear understanding that it would be heard today.

Thus, today also similar prayer being made, being unreasonable is rejected. On the offer of the Court to assist in the matter, learned counsel expresses his inability. In view of the aforesaid, the Court has been assisted by learned A.P.P.

The petitioner apprehends arrest in Haspura P.S. Case No. 47 of 2014 dated 25.07.2014 instituted under Sections 341/323/307/504/506 of the Indian Penal Code. The allegation against the petitioner is that he has assaulted the informant by iron rod leading to injury on

Patna High Court Cr.Misc. No.44857 of 2015 (3) dt.16-10-2015 2/2 the head.

From the perusal of the records and submissions of learned A.P.P., it appears that the petitioner is named accused with the specific allegation of hitting the wife of the informant with an iron rod on the head. The injury report also corroborates such allegation as two injuries were found on the wife of the informant.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

The application, accordingly, stands dismissed. However, if the petitioner surrenders and prays for regular bail before the Court below, the same shall be considered on its own merits without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar/- U T