Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8894 of 2015 Arising Out of PS.Case No. -362 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Nitish Kumar Son of Late Rajeshwari Prasad Singh, Resident of village - Poari, P.S. Harnaut, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Soni Shrivastava, Advocate. For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner apprehends his arrest in Harnaut P.S. Case No. 362 of 2014, registered for the offences punishable under Section 308 and other Sections of the Indian Penal Code. Mrs. Soni Shrivastava the learned counsel for the petitioner submits that the occurrence took place while the children of the two families were quarrelling each other. There was no intention and it was a mere scuffle between the two sides. On the other hand learned counsel for the informant submits that the petitioner assaulted Dhiraj Kumar with spade on his head and the injury is found to be grievous in nature. Having considered the facts aforesaid and the fact that it was the petitioner who gave blow on the head of Dhiraj Kumar

Patna High Court Cr.Misc. No.8894 of 2015 (2) dt.04-03-2015 2/2 with spade and injury is found to be grievous, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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