Patna High CourtCR. MISC./18188/2017rejected

Sanjay Mahto @ Sanjay Kumar v. The State Of Bihar

2017-05-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18188 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -KANHAULI District- SITAMARHI ====================================================== Sanjay Mahto @ Sanjay Kumar, Son of Bhikhari Mahto, resident of Village Kanhauli, P.S. Kanhauli, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hans Lal Kumar, Advocate.

For the Opposite Party : Mr. Vinod Shankar Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2017 Heard both sides.

The petitioner apprehends his arrest in Kanhauli P.S. Case No. 35 of 2016 registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code. The petitioner and Madan Mahto are alleged to have assaulted the wife of the informant with Dabiya and Pharsa. Learned counsel for the petitioner submits that the injuries are simple in nature. Co-accused Madan Mahto has already been enlarged on regular bail by the learned Sessions Judge, Sitamarhi in B.P. No. 1140 of 2016 vide order dated 26.08.2016.

It appears that the wife of the informant got three injuries out of which two injuries are on the head. The petitioner is

Patna High Court Cr.Misc. No.18188 of 2017 (2) dt.16-05-2017 2/2 also alleged to have assaulted the wife of the informant with Pharsa on her head and one lacerated wound is also found. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that co-accused Madan Mahto has already been enlarged on regular bail and dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T