Patna High CourtCR. MISC./36371/2015dismissed

Ramashish Kumar Jha @ Ram Ashish Jha v. The State Of Bihar

2015-11-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36371 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Ramashish Kumar Jha @ Ram Ashish Jha Son of Suresh Jha Resident of Village- Ladaur, P.S.- Gaighat, Distrit- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party/s : Mr. Ram Chandra Sahni, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code. The petitioner is alleged to have assaulted the informant with iron rod on his head and blood started oozing out. The informant was admitted to Primary Health Centre, Gaighat from where he was referred to D.M.C.H., Darbhanga where the informant remained under treatment for many days. It is submitted that the petitioner happens to be the next door neighbour of the informant and there is some dispute with regard to pathway. It appears that there is specific allegation against the petitioner that he assaulted the informant with iron rod causing injury on his head. Of course, the injury report is not annexed with the case diary but there appears that the informant was admitted to

Patna High Court Cr.Misc. No.36371 of 2015 (3) dt.04-11-2015 2/2 D.M.C.H., Darbhanga for treatment and he remained under treatment for quite some time.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Gaighat P.S. Case No. 85/15. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order.

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