Patna High CourtCR. MISC./34257/2016rejected

Jitendra Sah @ Jitendra Kumar Sah v. The State Of Bihar

2016-09-27Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.34257 of 2016 (3) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34257 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Jitendra Sah @ Jitendra Kumar Sah son of Late Ram Milah Sah Resident of village - Gauspur Sarsauna, P.S. - N.H. Bangra, District - Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajoy Kumar Chakraborty, Advocate For the Opposite Party : Mr. Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2016 Heard both sides.

Petitioner apprehends his arrest in connection with N.H.Bangra P.S.Case No.45 of 2016 under Sections 307, 354 and other Sections of the IPC.

The informant alleged that the petitioner came inside the courtyard and caught his wife Jyoti Kumari from backside in order to outrage her modesty. On alarm made by the wife of the informant, the informant came but the petitioner assaulted the informant with Khanti on his head.

Learned counsel for the petitioner submits that the petitioner is the brother of the informant. There is a dispute with regard to partition. The wife of the informant also filed a case

Patna High Court Cr.Misc. No.34257 of 2016 (3) dt.27-09-2016 bearing N.H.Bangra P.S.Case No.46 of 2016 against the informant Rajeev Sah and his wife but from perusal of the record, it appears that the informant and his wife and other witnesses have reiterated that the petitioner entered into the house of the informant and caught the informant's wife with bad intention and on protest, the petitioner assaulted with khanti on his head as a result, of which his head was fractured.

Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) B.Kr./- U T