Amarjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23549 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

Amarjeet Singh, aged about 50 years, Male, Son of Ram Surat Singh, Resident of Village- Ramanagara, P.S.- Riga, District- Sitamarhi. 2.

Pankaj Kumar, aged about 23 years, Male, Son of Amarjeet Singh Resident of Village- Ramanagara, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

Petitioners apprehend their arrest in Riga P.S. Case No.263 of 2018, registered under Sections 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The informant in sum and substance alleged that while she was going to tied Rakhi on the hand of her brother, Amarjeet Singh, petitioner no.1, Pankaj Kumar, petitioner no.2, Avinash Kumar and Rajo Devi @ Surgahia Wali came. Amarjeet Singh, petitioner no.1, assaulted her with farsa on her head. Pankaj Kumar assaulted her with iron rod on her head and other parts of body.

Mr. Surendra Kishore Thakur, the learned counsel appearing on behalf of the petitioners submits that three days prior to the institution of the present case, Amarjeet Singh, petitioner

Patna High Court CR. MISC. No.23549 of 2019(2) dt.12-04-2019 2/2 no.1, filed Complaint Case No.1351 of 2018 against the informant and others. There is enmity between the two sides on account of some petty dispute but it appears that the informant made very specific allegation that petitioner no.1, Amarjeet Singh assaulted her with farsa on her head and his son, petitioner no.2, Pankaj Kumar assaulted her with iron rod on her head and other parts of the body. Two injuries are found on the head of the informant and both the injuries are opined to be grievous in nature. Taking into consideration the fact that on account of assault made by both the petitioners, the informant got grievous injuries on her head, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners on its own merit without being prejudiced from the order of this Court.

(Prabhat Kumar Jha, J) S.KUMAR/- U T