Suresh Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57991 of 2017 Arising Out of PS.Case No. -228 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Suresh Singh
2. Anil Singh Both Sons of Rajbali Singh Resident of Village- Hichhan Bigha P.S. Daudnagar, Dist - Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 228 of 2017 instituted for the offences under Sections 341, 323, 307, 448, 354 and 506/ 34 of the Indian Penal Code.
The allegation according to the informant of this case namely Geeta Devi is that at around 05:00 A.M. in the morning on 23.08.2017 while his husband was at Delhi on account of his engagement in a private job, she heard the alarm being raised by her daughter whereupon she went outside her house and saw that her daughter was crying and her daughter told her that the son of her elder brother-in-law, namely, Pappu Kumar had entered her
Patna High Court Cr.Misc. No.57991 of 2017 (3) dt.19-01-2018 2/3 room and was trying to outrage her modesty but upon her raising alarm the said Pappu Kumar fled away. Thereafter, the informant is said to have gone to her brother-in-law and had complained about the said Pappu Kumar whereupon all the accused persons started abusing her and assaulted her by various weapons. It has been alleged that the petitioner no. 1 had hit the informant on her head with iron rod with the intention of killing her resulting in the informant being inflicted with an injury which has been found to be grievous in nature, as per the injury report. As far as the petitioner no. 2 is concerned he had also hit the informant with lathi resulting in blood oozing out from her body.
The other accused persons have also been said to have inflicted various injuries on the person of the informant. The case diary has been received in this case and the injury report of the informant, namely, Geeta Devi would show that the injuries inflicted on the informant are grievous in nature and there is a direction allegation of assault on the petitioners herein.
Having regard to the facts and circumstances of the case, more particular the fact that there is specific allegation of assault on the petitioners herein and the injuries sustained by the informant is grievous in nature, I do not find the present case to be
Patna High Court Cr.Misc. No.57991 of 2017 (3) dt.19-01-2018 3/3 a fit case for grant of anticipatory bail to the petitioners herein. Accordingly, the present petition for grant of anticipatory bail to the petitioners herein is dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T