Patna High CourtCR. MISC./47069/2015rejected

Ajit Singh v. The State Of Bihar

2016-01-27Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47069 of 2015 Arising Out of PS.Case No. -133 Year- 2013 Thana -SILAO District- NALANDA (BIHARSHARIFF) ====================================================== Ajit Singh Son of Indradeo Singh resident of Village- Bhagwanpur, police Station - Silao, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Silao P.S. Case No. 133 of 2013 registered under Sections 323, 324, 326 and 504/34 of the I.P.C. pending in the Court of C.J.M., Nalanda at Biharsharif.

The accusation is that when the informant made protest against cleaning of utensils by sister-in-law Babita Devi, wife of Ajit Singh at the door then she started to abuse. In the meantime, petitioner and his two sons started to assault to the informant Suchit Kumar and gave sword blow causing injury at his hand. Due to that reason, the victim became unconscious and was rushed for treatment at the clinic of Dr. Chandeshwari Prasad.

Patna High Court Cr.Misc. No.47069 of 2015 (3) dt.27-01-2016 2/2 Thereafter, he was referred to Arbind Hospital, Patna. Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation of assault against the petitioner and petitioner has been falsely implicated in this case. Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, this application is rejected.

However, petitioner is directed to surrender before the Court below within a period of four weeks and pray for regular bail, which shall be decided on its on merit without being prejudiced by the present order.

(Rajendra Kumar Mishra, J) Shail/- U T