Sonalal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47322 of 2017 Arising Out of PS.Case No. -199 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sonalal Rai Son of Late Jailal Rai Resident of village- Bankatwa, P.S.- Jitna (Ghorasahan), District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Ghorasahan (Jitna) P.S. Case No. 199 of 2017/ G.R. No. 518 of 2017 for the offences punishable under sections 341, 323, 324, 307 and 504/34 of the I.P.C.

Allegedly, the informant performed marriage against the will of the petitioner who is father of the informant and out of the wedlock there is a son aged six months and on 28.04.2017 when the informant came to attend the call of nature in the morning at the door of the co-accused Mishri Lal Rai, Mishri Lal

Patna High Court Cr.Misc. No.47322 of 2017 (3) dt.13-12-2017 2/3 Rai and the petitioner were watching arrival of the informant and seeing the informant both started assaulting her with garasa brutally causing injury on her neck, head and hand. She was brought to Ghorasahan from where she was referred to Sadar Hospital, Motihari where she was admitted in the emergency ward.

Submission is of false implication and that the petitioner has been made accused due to dirty village politics, the petitioner has lodged Ghorasahan (Jitna) P.S. Case No. 431 of 2014 for kidnapping of his daughter (informant) against her husband and others and only to put pressure to compromise the case this case has been filed and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. seriously opposes prayer for prearrest bail of the petitioner by submitting that the informant has received as many as 12 injuries on her person and some injuries are on the vital part caused by sharp cutting weapon which is mentioned in paragraph- 74 of the case diary, the petitioner tried his best to kill his daughter as she has performed marriage against the will of the petitioner.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious

Patna High Court Cr.Misc. No.47322 of 2017 (3) dt.13-12-2017 3/3 in nature, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of S.D.J.M. Sikrahna, Dhaka, East Champaran.

(Jitendra Mohan Sharma, J) Abhay/- U T