Ritesh Kumar Singh @ Abhay Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26994 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- SISWAN District- Siwan ====================================================== RITESH KUMAR SINGH @ ABHAY PRATAP SINGH SON OF SURENDRA SINGH R/O- VILL-BANGRE KE BAARI, P.S.- SISWAN (CHAINPUR) DIST-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

Petitioner apprehends his arrest in connection with Siswan (Chainpur O.P.) P.S. Case No.196/2021, registered for offence u/s 341/323/324/325/379/307/504/506/34 IPC. The allegation against the petitioner is of assaulting the informant by means of Daab on his head and of assaulting his wife by fists and slaps and to break her left arm. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.26994 of 2022(2) dt.01-09-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged has ever taken place. The allegation against the petitioner is of assaulting the informant with Dab but the injury of the informant is simple in nature. There is an inordinate delay of two day in lodging the FIR and no plausible explanation in this regard has been given. Petitioner has two criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that it is apparent from a bare perusal of the impugned order that the injury inflicted by the petitioner to the informant's wife is grievous in nature.

Considering the same, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for bail on his behalf is rejected.

This application is accordingly dismissed.

However, petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T