Manohar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21897 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Manohar Yadav, son of Shiv Nandan Yadav, resident of village - Baid Nath Nagar, Road No. 10, P.S. - K. Nagar, (Sahayk P.S. - Sri Nagar), District - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For the Opposite Party : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with K. Nagar P.S. Case No.35 of 2017, registered for the offence punishable under Sections 458 and 307 of the Indian Penal Code and under Section 27 of the Arms Act. As per the F.I.R., the informant had earlier married with the present petitioner and later on she fled away with Sonu Kumar and entered into the marriage. The petitioner has lodged a criminal case against the informant, but ultimately it was decided in favour of the informant. Allegation has been made that on the fateful day i.e. on 28.01.2017 at about 2:30 am. in the night the petitioner entered into the house of the informant and resorted

Patna High Court Cr.Misc. No.21897 of 2017 (3) dt.19-08-2017 2/2 firing on Sonu Kumar, caused injury. The victim-Sonu Kumar has stated about the incident in paragraph no.33 of the case diary. Learned counsel for the petitioner submits that there was previous litigation between the parties and there is no case of repeated firing inasmuch as the Police has not found any blood stained at the place of occurrence. At the same time, the injury report is not there in the case dairy.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

(Shivaji Pandey, J) pawan/- U T