Chatur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23706 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- TARAIYA District- Saran ====================================================== CHATUR RAI S/o Late Gorakh Rai Resident of Village-Rajdhani, P.S.- Taraiya, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Ms Asha Kumari For the informant :

Mr. Basant Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner, learned APP for the State as well as counsel for the informant. Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects

Patna High Court CR. MISC. No.23706 of 2020(3) dt.13-10-2020 2/3 as pointed out by office when called upon.

The petitioner apprehends his arrest in connection with Taraiya P. S. Case no. 27 of 2020 instituted for the offence under Sections 341, 323, 354, 307 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is of assault by means of 'Farsa' upon the head of the husband of the informant.

The petitioner's counsel submits that though the injury report opines the same to be grievous, the dimension do not suggest so. It is further submitted that the injury has been sustained in free fight based on land dispute between the parties and counter version of the same as per the accused side is to be seen in Taraiya P. S. Case no. 53 of 2020, which has been wrongly mentioned as 23 of 2020 in paragraph no. 11 of the application.

The learned APP and counsel for the informant have opposed the prayer for bail by submitting that the specific assault by means of 'Farsa' upon the head of the informant's husband stand corroborated and it is not a case where the petitioner may be allowed the privilege of

Patna High Court CR. MISC. No.23706 of 2020(3) dt.13-10-2020 3/3 anticipatory bail.

Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioner's prayer for anticipatory bail. Prayer for anticipatory bail is rejected. (Madhuresh Prasad, J) shyambihari/- U T