Patna High CourtCR. MISC./11761/2016rejected

Sonu Patel v. The State Of Bihar

2016-06-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11761 of 2016 Arising Out of PS.Case No. -696 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sonu Patel, Son of Om Prakash Patel, Resident of Village - Bhabua, Ward No. 3, Post -Bhabua, P.S.-Bhabua, District - Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Kant Pandey, Advocate.

For the Opposite Party : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioner apprehends his arrest in Bhabua P.S. Case No. 696 of 2015 registered for the offences punishable under Sections 147, 148, 149, 323 and 307 of the Indian Penal Code. According to the allegation five persons including the petitioner intercepted the informant's nephew and assaulted him. The petitioner gave iron rod blow over the head of the informant's nephew.

It is submitted that some verbal altercation took place between the two groups of students. Petitioner is also a student. The injury found on the injured Md. Riyaz Ali is simple in nature. The case is compromised.

It appears that there was verbal altercation between the two sides. When Md. Riyaz came they all surrounded him and the

Patna High Court Cr.Misc. No.11761 of 2016 (4) dt.24-06-2016 2/2 petitioner is said to have assaulted him with iron rod causing injury on his head.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Bhabua P.S. Case No. 696 of 2015, pending in the court of the learned Chief Judicial Magistrate, Kaimur at Bhabua. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T