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Patna High CourtCR. MISC./35752/2014dismissed

Rabindra Rai v. The State Of Bihar

2015-03-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35752 of 2014 Arising Out of PS.Case No. -53 Year- 2014 Thana -KHAIRA District- SARAN ======================================================

1. Rabindra Rai S/o Late Shivnath Rai R/o village- Balua Khodaibagh, P.S.- Khaira, District- Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

24-03-2015.

Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in Khaira P.S.Case No.53 of 2014 registered under section 307 and other sections of the I.P.C.

The informant made allegation that the petitioner Rabindra Rai and his wife, being armed with weapons, came and assaulted the informant on his abdomen, thigh and mouth. Learned counsel for the petitioner submits that the petitioner and his wife are alleged to have assaulted but the wife has already been granted bail by the learned court below. On perusal of the record, it appears that on account of the assault made by the petitioner, four injuries were found on the right shoulder, right leg, right arm and on mouth. The doctor has found fracture of bone of shoulder and leg. The doctor has also found injury nos, 1, 2 and 4 grievous in nature. Considering that on account of assault made by the

Patna High Court Cr.Misc. No.35752 of 2014 (3) dt.24-03-2015 petitioner, the informant got three grievous injuries, I am not inclined to enlarge the petitioner on anticipatory bail and accordingly, the same is rejected.

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