Patna High CourtCR. MISC./49085/2023bail rejected

Suraj Kumar v. The State Of Bihar

2023-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49085 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Suraj Kumar son of Harischandra Prasad Village- Bhalua Ps- Warisaliganj Dist- Nawada 2.

Jyoti Kumari wife of Suraj Kumar Village- Bhalua Ps- Warisaliganj DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard both parties.

2. The petitioners apprehend their arrest in Warisaliganj P.S. Case No. 243 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, while the informant was sitting at the door of his house, petitioner nos. 1 and 2 started demanding money and when informant refused, both the petitioners abused and assaulted the informant, as a result of which he sustained injury on his head and his left hand got fractured.

4. It is submitted by the counsel for petitioners that

Patna High Court CR. MISC. No.49085 of 2023(2) dt.23-08-2023 2/2 petitioner no. 1 is younger son and petitioner no. 2 is daughterin-law of informant and due to family dispute some altercation took place between the parties due to which petitioners have been falsely implicated in this case. There is no injury report on the record. Petitioners claim clean antecedents.

5. Counsel for State however vehemently opposed the prayer for bail.

6. Considering the nature of accusation and the fact that petitioner no. 1 is son and petitioner no. 2 is daughter-inlaw of the informant and informant's own son assaulted him along with his wife, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T