Patna High CourtCR. MISC./39696/2019dismissed

Jitendra Sah v. The State Of Bihar

2019-08-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39696 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- BANMANKHI DistrictPurnia ====================================================== JITENDRA SAH S/o- Shivnandan Sah R/o- Village- Mohania Chakala, P.S.- Banmankhi, District- Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate.

Mr. Amresh Kumar Sinha Miss Preety Kunwar, Advocates.

For the Informant :

Ms. Kumari Sudha Sinha, Advocate.

For the State : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code registered in connection with Banmakhi P.S. Case No. 61 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties. The petitioner is the uncle of the informant and it is alleged that the petitioner along with co-accused Shivnandan Sah assaulted the informant's father (petitioner's brother) who died in course of treatment. It is submitted that the accusation of assault by two

Patna High Court CR. MISC. No.39696 of 2019(3) dt.28-08-2019 2/2 persons is not corroborated by the post mortem report which discloses only one injury on the forehead of the deceased. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard. It is submitted by the informant that there is direct accusation of assault attributed to the petitioner on the deceased as well as assault on the informant's mother Geeta Devi on her head who has also sustained injury. As such the accusation under Sections 302 IPC as well as Section 307 IPC are made out against the petitioner.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T