Rajhans Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34633 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Rajhans Kumar Son of Sri Lal Bahadur Mandal Resident of Village - Basbitta, P.S. Dhoraiya, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 308 and other allied sections of the Indian Penal Code.

The petitioner is alleged to have assaulted the informant with iron rod on his head.

It is submitted that the informant wanted to outrage modesty of sister of the petitioner and some altercation took place. There was no intention on the part of the petitioner to cause grievous injury to the informant. Sister of the petitioner also lodged a case against the informant Basant Kumar Mandal. Considering the fact that on account of assault by the petitioner with iron rod on the head of the informant, grievous

Patna High Court Cr.Misc. No.34633 of 2015 (3) dt.29-10-2015 injury is caused, I am not inclined to grant privilege of anticipatory bail to the petitioner in connection with Dhoraiya P.S. Case No. 54 of 2015 pending in the court of the learned Chief Judicial Magistrate, Banka. His prayer for anticipatory bail is, accordingly, rejected.

The petitioner, if so advised, may surrender and pray for regular bail which will be considered by the court below on its own merit without being prejudiced by this order of rejection and dispose of the same preferably on the same day. (Prabhat Kumar Jha, J) Amin/- U