Patna High CourtCR. MISC./39628/2016rejected

Laddu Srivastava v. The State Of Bihar

2016-11-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39628 of 2016 Arising Out of PS.Case No. -234 Year- 2016 Thana -SIWAN TOWN District- SIWAN ======================================================

1. Laddu Srivastava, Son of Sri Dhruv Srivastava, Resident of villageMehiya Kumhar Toli, P.S.- Siwan Town, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2016 Heard both sides.

The petitioner apprehends his arrest in Siwan Town P.S. case No. 234 of 2016 under Section 326, 307, 379 of the Indian Penal Code.

The informant alleged that while he was playing holi along with his cousin, Kishan Kumar Chouhan, Sonu Chouhan and Suganti Devi, the petitioner suddenly surfaced and began to assault the informant and others with knife. The informant sustained injuries on his chin, head and waist. Sonu Chouhan also sustained injuries by knife blow. Kishan Kumar Chouhan and Suganti Devi also sustained injuries caused by the petitioner. Sir Yogesh Chandra Verma, the learned senior counsel for the petitioner, submits that the prosecution has

Patna High Court Cr.Misc. No.39628 of 2016 (4) dt.10-11-2016 2/2 suppressed the genesis of the occurrence and it does not appear to be worth reliable that petitioner without any rhyme and reason suddenly surfaced while the informant and his family members were playing holi. The true facts, which have come during the course of investigation, are that informant and his family members threw Abir on the petitioner. The petitioner forbade them and thereafter some scuffle took place. The injured got simple injuries but from perusal of the case diary, it appears that informant and other witnesses have supported the case of prosecution. The informant and others got incised wounds on different parts of their body.

Considering the fact that the petitioner indiscriminately gave dagger blow to the informant and three others and corresponding injuries are found, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T