Saurav Kumar @ Saurav Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13387 of 2017 Arising Out of PS.Case No. -201 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Saurav Kumar @ Saurav Mahaldar, Son of Nand Kishore Mahaldar, Resident of Village- Pirpainty, Malikpur, P.S.- Pirpainty, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-05-2017 Heard both sides.

The petitioner apprehends his arrest in Pirpainty P.S. Case No.201 of 2016 under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that the petitioner stabbed his son Bipin Kumar and took his son to hospital from where he was referred to Mayaganj hospital, Bhagalpur.

Learned counsel for the petitioner submits that the occurrence took place on 09.08.2016, but the informant lodged the case on 14.09.2016 when his son was discharged from the hospital. It is further submitted that from perusal of Annexure-2 it appears that Nand Kishore Mahaldar lodged a case against Satan

Patna High Court Cr.Misc. No.13387 of 2017 (3) dt.24-05-2017 Mahaldar and others for killing Jamun Mahaldar, the father of Nand Kishore Mahaldar, the informant. The present case was lodged for putting undue pressure upon Nand Kishore Mahaldar and others not to depose in Pirpainty P.S. Case No.343 of 2008. It is submitted that in the aforesaid case the brother of the informant is accused.

On perusal of the FIR it appears that of course the occurrence took place on 09.08.2016 and the FIR was lodged on 14.09.2016, but the petitioner is alleged to have stabbed the son of the informant and injured has categorically stated in his evidence that it was the petitioner who stabbed him and he became unconscious.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Pirpainty P.S. Case No.201 of 2016 pending in the court of learned A.C.J.M.-XI, Bhagalpur is rejected.

Arvind/- (Prabhat Kumar Jha, J) U T