Patna High CourtCR. MISC./30348/2016rejected

Bishundeo Chauhan And ANR. v. The State Of Bihar

2016-09-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30348 of 2016 Arising Out of PS.Case No. -658 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Bishundeo Chauhan Son of Late Rambhar Chauhan

2. Ajad Kumar @ Ajad Chauhan, S/o Bishundeo Chauhan Both are Resident of village- Mangura, P.S.-Kadirganj O.P. District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Learned counsel for the petitioners submits that petitioner no. 2 Ajad Kumar @ Ajad Chauhan has already been arrested.

Accordingly, the anticipatory bail petition of petitioner no. 2 Ajad Kumar @ Ajad Chauhan is dismissed as withdrawn.

Heard both sides.

The petitioner apprehends his arrest in Nawada Town (Kadirganj) P.S. Case No. 658 of 2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant named the petitioner and others and alleged that the petitioner entered into her house. Ajad Kumar

Patna High Court Cr.Misc. No.30348 of 2016 (2) dt.14-09-2016 2/2 assaulted her son with sword on his neck which hit on the hand of Vikash Kumar, son of the informant. Petitioner no. 1 assaulted Vikash Kumar with iron rod which hit on his head. Vishnudeo Chauhan, petitioner no. 1 also undressed the informant. Thereafter Jyoti Kumari and Kiran Devi assaulted her with iron rod. Learned counsel for the petitioner submits that the petitioner Vishnudeo Chauhan is innocent and he has in fact committed no offence. There is a counter version bearing Nawada Town (Kadirganj) P.S. Case No. 659 of 2015. Wife of the petitioner alleged that Vikash Kumar was stalking her daughter and that is why this case has been filed.

It appears that there is specific allegation against the petitioner that he assaulted Vikash Kumar with iron rod on his head and the doctor found the injury on the head of Vikash Kumar to be grievous in nature.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner Vishnudeo Chauhan above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T