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Patna High CourtCR. MISC./32209/2018rejected

Prithvi Rai @ Prithvi Nath Rai v. The State Of Bihar

2018-05-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32209 of 2018 Arising Out of PS. Case No.-232 Year-2017 Thana- DAUDPUR District- Saran ====================================================== Prithvi Rai @ Prithvi Nath Rai S/o Late Shivdayal Rai R/o Village - Beldari, P.S. - Daudpur, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP 203 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of anticipatory bail in connection with Daudpur P.S. Case No. 232 of 2017 for offences under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.

Accusation against the petitioner is that he assaulted the deceased. Later on, over the head assault done by Birendra Rai and he also assaulted on the other parts of the body. Learned counsel for the petitioner submits that specific allegation of giving assault on the head is against Birendra Rai and there is only one injury on the head of the deceased.

However, there are two ante mortem injuries on the

Patna High Court Cr.Misc. No.32209 of 2018(2) dt.24-05-2018 2/2 person of the deceased, including injury on the rib as fractured was caused and the allegation is that the petitioner also assaulted besides head, other parts of the body.

Having considered the nature of accusation and offence, prayer for anticipatory bail of the petitioner is rejected. However, the petitioner is directed to surrender before the Court below and seek regular bail and the same shall be considered on merit without being prejudiced of this order. (Arun Kumar, J) Shamshad/- U T