Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22828 of 2017 Arising Out of PS.Case No. -415 Year- 2016 Thana -RAJAUN District- BANKA ====================================================== Shankar Pandit Son of Late Devak Pandit , Resident of Village- Orahra, P.S.- Rajaun, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Gopal Mishra For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Rajoun P.S. Case No. 415 of 2016 registered for offences under sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

As per First Information Report, the petitioner has entered into the room and stared hurling abuses and gave Khanti blow on the head of the Informant which led to injury and caused bleeding.

Learned counsel for the petitioner submits that it is a case of single blow, cannot be a case of Section 307 of the I.P.C. especially when they are brothers.

While there was an interim order in favour of the

Patna High Court Cr.Misc. No.22828 of 2017 (3) dt.20-07-2017 petitioner, the Informant along with the police has entered into the house and assaulted his son-in-law mercilessly and, for that, a complaint has been lodged to the Chief Judicial Magistrate, Banka.

Let the Chief Judicial Magistrate, Banka should consider the complaint and make an enquiry on the authenticity of the allegation.

In paragraph no.28 of the case diary, there is injury report which indicates number of injuries which are serious in nature.

In that view of the matter, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Shankar Pandit is rejected. If the petitioner surrenders before the court below and prays for bail, the court below will consider the same and pass orders in accordance with law without being influenced by this order and will also take into consideration that the compromise has been entered between the parties.

(Shivaji Pandey, J) Rishi/- U T