Patna High CourtCR. MISC./39143/2016rejected

Abhishek Singh v. The State Of Bihar

2016-10-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39143 of 2016 Arising Out of PS.Case No. -129 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhishek Singh s/o Birendra Singh r/o vill Ajagarwa P.S. Pakaridayal, Dist E. Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-10-2016 Heard both sides.

The petitioner apprehends his arrest in Pakridayal P.S. case No.129 of 2014 under Section 354(a), 354(b), 364 and other Sections of the Indian Penal Code.

The informant alleged that Ram Babu Singh, Maheshwar Singh and Arvind Singh cut guava tree of the informant. On such, his mother protested. Thereafter, Ram Babu Singh, Maheshwar Singh and Arvind Singh stripped the clothes of his mother and tied her in a pole. Other accused persons assaulted his mother.

The learned counsel for the petitioner submits that petitioner is not the assailant of the mother of the informant. The

Patna High Court Cr.Misc. No.39143 of 2016 (3) dt.20-10-2016 2/2 mother of the informant was traceless but she returned and filed a compromise petition. Similarly situated accused, namely, Guriya Devi and Shail Devi have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 50476 of 2015. It appears that the informant made specific allegation against the petitioner also that when his mother was tied in a pole the petitioner joined other accused persons and assaulted his mother. During the course of investigation Guriya Devi, wife of the informant, and Rekha Devi have also stated the facts that the petitioner also assaulted the mother of the informant. Anticipatory bail petition of Maheshwar Singh and Arvind Singh was rejected by this court vide order passed in Cr. Misc. 9056 of 2016. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T