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Patna High CourtCR. MISC./44264/2016rejected

Jitendra Kumar v. The State Of Bihar

2016-10-25Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44264 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -MAHILA PS District- JEHANABAD ====================================================== Jitendra Kumar, son of Kuldip Chauhan, Resident of Village-Beldari Chak, Police Station-Kadauna (O.P.), District-Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad (Mahila) P.S. Case no. 26 of 2016, registered under Sections 323, 307, 379, 504 and 506/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Jehanabad. The accusation is that the petitioner and his wife forbade to his sister-in-law to cut grass in the filed, when informant made protest then she was assaulted by this petitioner through lathi on her head and wife of the petitioner also caused injury through iron rod at the right hand of the informant. At that time, other four named persons entered in the house by breaking the door and took the ornaments and also carried her cow.

Learned counsel for the petitioner submits that, in fact, the petitioner is the brother-in-law (Devar) of the informant and due to

Patna High Court Cr.Misc. No.44264 of 2016 (2) dt.25-10-2016 2/2 some family dispute, he has falsely been implicated in this case. Learned A.P.P. opposed the prayer of bail and submitted that the injury sustained by the informant is grievous in nature. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T