Jugesh Harijan @ Jogesh Harijan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8964 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -AMAUR District- PURNIA ======================================================

1. Jugesh Harijan @ Jogesh Harijan, S/o Bonai Harijan,

2. Bijay Harijan, S/o Bonai Harijan, Both residents of village - Kharahia, P.S. Amour, Distt. - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitesh Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amour P.S. Case No. 149 of 2016 instituted for the offence under Section(s) 341, 323, 324, 325, 307, 354, 34 of the Indian Penal Code.

It is alleged in the written report that petitioner No. 2 assaulted the informant with dagger on left buttock causing bleeding injury and other accused persons assaulted the informant with rod. The informant raised hulla then her husband Dhannu Harijan came to save her but he was assaulted by petitioner No. 1 on his head with iron rod thrice causing three injuries on his head. It is further alleged that petitioner No. 1 also assaulted Biltu

Patna High Court Cr.Misc. No.8964 of 2017 (2) dt.28-02-2017 2/2 Harijan on his head with lathi. It is also alleged that Bonai Harijan caught hold Biltu Harijan who was brutally assaulted on account of which he passed stool.

The injury report has been brought on record by way of supplementary affidavit which fully corroborates the allegation as made in the written report.

In such circumstances, since there is specific allegation against both the petitioners of assaulting the informant, her husband and one Biltu Harijan, this Court does not find it a fit case for grant of anticipatory bail. The prayer of the petitioners for anticipatory bail is rejected.

The petitioners are directed to surrender before the Court below within a period of six weeks from today in connection with Amour P.S. Case No. 149 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, VI, Purnea, and seek regular bail, which shall be considered and disposed off on its own merit, preferably on the same day, without being prejudiced by the order of this Court.

(Sanjay Priya, J) Shageer/- U T