Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35168 of 2019 Arising Out of PS. Case No.-633 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== SHIV KUMAR Son of Shree Mahendra Yadav Resident of Village- Indarwa, Police Station- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Sour Bazar P.S.Case No.633 of 2018 registered for offences punishable under Sections 341, 323, 504, 498(A), 34 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assaulting his wife (informant) and earlier also she had made complaints before the Mahila Police Station and due to intervention the matter was compromised but she was again subjected to assault, for which she has informed the police and the police party reached at the place of the occurrence. Annexure 2 which has been filed by the petitioner himself , it appears that there are injuries on the person of the informant.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.35168 of 2019(3) dt.17-08-2019 2/2 that he has been falsely implicated in this case and he is still ready to keep her.

Heard learned A.P.P. also.

Having heard both sides and in view of conduct of the petitioner that inspite of the compromise he has assaulted the informant and she has received injuries also, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he may surrender before the learned court below and make prayer for regular bail.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U