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Patna High CourtCR. MISC./49463/2016rejected

Sanjay Sahani v. The State Of Bihar

2016-12-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49463 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Sanjay Sahani Son of Manoj Sahani Resident of Village- Barari Jagdish, Police Station- Uchkagaon, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341/323/324/307/504/34 of the Indian Penal Code. The petitioner allegedly caused injury with knife at the head of the daughter of the informant Anu Kumari. The doctor has found a laceration on the mid of the head and a swelling also at the same place.

Submission is that there is no allegation of repetition of blow and the injury is inconsistent with the claim of the informant because laceration is not possible by a knife. At this stage informant cannot be disbelieved.

Patna High Court Cr.Misc. No.49463 of 2016 (2) dt.09-12-2016 2/2 Considering the aforesaid materials against the petitioner, I am not inclined to grant anticipatory bail to the petitioner in connection with Uchkagaon Police Station Case No. 47 of 2016 pending in the court of learned Additional Chief Judicial Magistrate-IX, Gopalganj/Successor Court. Accordingly, the prayer for anticipatory bail is rejected. The petitioner may surrender and pray for regular bail, which shall be disposed of without being prejudiced by this order. (Birendra Kumar, J) Mkr./- U T