← Library
Patna High CourtCR. MISC./45748/2017dismissed

Ratnesh Kumar v. The State Of Bihar

2017-10-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45748 of 2017 Arising Out of PS.Case No. -271 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Ratnesh Kumar, son of Inarjit Rai, R/o village- Nayagaon Bariyarpur, P.S.- Desari, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Desari P.S. Case No.271 of 2016 instituted for the offence under Section(s) 341, 342, 323, 325, 354, 379, 447, 504, 506 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Vaishali, Hajipur.

It is alleged in the written report that Bhaisur of the Informant entered into her house and caught hold her hands and when she raised objection he pushed her down on the ground after catching hold her hair. In the meantime, this petitioner came and assaulted her with iron rod on her hand causing fracture injury. It is further alleged that co-accused, Rajnish Rai, assaulted the Informant with lathi and also snatched her golden ear ring

Patna High Court Cr.Misc. No.45748 of 2017 (2) dt.03-10-2017 2/2 from her possession.

From the written report itself, it appears that this petitioner is nephew of the Informant. There is specific allegation against him that he assaulted with iron rod causing fracture injury.

In view of such, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender in the Court below and seek regular bail which shall be considered and disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T