Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24158 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAUSHAN KUMAR SON OF NITESHWAR SINGH Resident of village - Laxman Nagar, P.S. - Kurhani, Gayaghat, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Gaighat P.S. Case No. 123 of 2022 registered for the offences punishable under Sections 341, 323, 307, 354B, 379, 325, 504 & 506/34 of the Indian Penal Code pending in the Court of learned Judicial Magistrate 1st Class, Muzaffarpur.

The allegation against the petitioner is that he assaulted the informant by means of iron rod due to which she sustained injury on her occipital region.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to family feud. Petitioner and informant are agnates. Petitioner is brother-in-law (Dewar) of

Patna High Court CR. MISC. No.24158 of 2023(2) dt.06-07-2023 2/2 the informant. There is case and counter case between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that the injury sustained by the informant is grievous in nature, hence the petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T