Dhanu Kumhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40958 of 2019 Arising Out of PS. Case No.-763 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Dhanu Kumhar, Son of Megha Kumhar @ Meghnath Kumhar, Resident of Village-Akauni, P.S-Sonhan, District-Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhabua (Sonhan) P.S. Case No. 763 of 2018, registered under Sections 341, 323, 504 and 307/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Kaimur at Bhabua. The accusation is that while informant, Banshropan Kumhar, was sitting at Mahabir Temple then son of his Patidar, Dhanu Kumhrar (petitioner) came there and started to abuse and pushed him, in which, he fell down then petitioner assaulted him through fist and slaps. Thereafter, he went to his house then petitioner along with Gobind Kumhar and Megha Kumhar having lathi and garasa came there and started to abuse and assaulted him. When his wife, Rajwashi Devi, came to save him then this petitioner assaulted

Patna High Court CR. MISC. No.40958 of 2019(2) dt.03-07-2019 2/2 her through Garasa causing injury at her head whereas co-accused, Megha Kumhar assaulted his daughter, Punam Kumari, through lathi causing injury at her head. On raising alarm, villagers came there and save them.

Learned counsel for the petitioner submits that, in fact, due to family dispute occurrence took place, in which, petitioner's side also sustained injury, regarding which, Complaint Case No. 1561 of 2018 is filed by co-accused, Megha Kumhar, father of the petitioner against informant and others. Moreover, out of four injuries, which is said to be caused by petitioner to the wife of the informant, three injuries are simple in nature and one fracture injury on her wrist.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner. I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T