Chandan Kumar Poddar @ Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43396 of 2015 (3) dt.09-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43396 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Chandan Kumar Poddar @ Chandan Kumar son of Arbind Poddar @ Gulsan Poddar, resident of village Loknathpur Ganj, P.S. Dalsingsarai, District Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2015 Heard both sides.

The petitioner apprehends his arrest in Dalsingsarai P.S. Case No. 79/2015, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326(A), 307, 504 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner and others came and it was the petitioner Chandan Kumar Poddar and Raju Poddar who threw acid causing burn injury to Smt. Lalmuni Devi and Soni Kumari.

It is submitted that the informant and others sprinkled acid causing burn injury to Savita Devi and many others. During course of throwing acid, Lalmuni Devi and Soni Kumari also got burn injuries. The allegation of throwing acid against the

Patna High Court Cr.Misc. No.43396 of 2015 (3) dt.09-12-2015 petitioner is false and concocted.

On the other hand, learned counsel for the informant as well as learned counsel for the State opposed the prayer for anticipatory bail and submitted that the petitioner and others had come at the house of the informant and Chandan Kumar Poddar and Raju Poddar threw acid. Burn injuries were also found on the persons of Smt. Lalmuni Devi and Soni Kumari. Having considered the fact that there is very specific allegation against the petitioner that he threw acid causing burn injury to Lalmuni Devi and Soni Kumar, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner, so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered taking into consideration that the burn injuries found on the persons of Lalmuni Devi and Soni Kumar are simple in nature.

(Prabhat Kumar Jha, J.) Rakhi U T