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Patna High CourtCR. MISC./41334/2016rejected

Ankit Thakur v. The State Of Bihar

2016-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41334 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -BANKA District- BANKA ====================================================== Ankit Thakur S/o Shashikant Thakur resident of village - Bhatkundi, P.S. - Banka, District - Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Subodh Kumar Jha, Advocate.

Mr. Pranav Kumar Jha, Advocate.

For the Opposite Party : Ms. Veena Rani Prasadd, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioner apprehends his arrest in Banka P.S. Case No. 195 of 2016, registered for the offences punishable under Sections 308 and 325 and some other Sections of the Indian Penal Code. The informant got information that Ankit Thakur, the petitioner was assaulting his father. When the informant went there Gangadhar Thakur and Shashikant Thakur having armed with different weapons came and the informant asked them not to assault, Ankit Thakur assaulted his father Navinchandra Thakur with iron rod on his head. Gangadhar Thakur assaulted the informant with Lathi. Shri Subodh Kumar Jha, learned counsel for the petitioner submits that the informant has alleged that the petitioner assaulted Navinchandra Thakur with iron rod on his head. There is a single blow but altogether three injuries were found on the head of Navinchandra

Patna High Court Cr.Misc. No.41334 of 2016 (4) dt.13-12-2016 2/2 Thakur. There is a counter version bearing Banka P.S. Case No. 196 of 2016. The petitioner was also assaulted and he got two injuries one is lacerated wound on left side of forehead and another is abrasion on left arm near shoulder. The petitioner happens to be co-sharer of the informant and there is very likelihood that the case would be compromised but it appears from the record that the petitioner is alleged to have assaulted Navinchandra Thakur, the father of the informant, with iron rod and three injuries were found on the head of Navinchandra Thakur. The injuries are opined to be grievous in nature. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J.) KKSINHA/- U T