Patna High CourtCR. MISC./10849/2017rejected

Lakhindra Ram @ Lakhindar Ram v. The State Of Bihar

2017-03-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10849 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Lakhindra Ram @ Lakhindar Ram, son of Late Kusum Ram, Resident of Village - Simraha, Ward No. 35, P.S. - Saharsa Sadar, District - Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate.

For the Opposite Party : Mr. Md. Arif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2017 Heard Mr. Pramod Mishra, learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Saharsa Sadar P.S. Case No. 33 of 2016, registered for the offences punishable under Sections 341, 323, 324, 302 and 34 of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that they all assaulted her husband who fell down on the ground.

Learned counsel for the petitioner submits that from the post-mortem report it would appear that the injury was found on the head and other parts of the body, but only one injury was found on the head. Four persons are alleged to have assaulted the husband of the informant two of them namely Manoj Ram and

Patna High Court Cr.Misc. No.10849 of 2017 (2) dt.24-03-2017 2/2 Binod Ram have been granted regular bail.

Considering the facts aforesaid and the fact that the petitioner is also alleged to have assaulted the deceased and there are altogether four injuries on the persons of the deceased, 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 from the order of this Court taking into account that similarly situated coaccused Manoj Ram and Binod Ram have been granted regular bail.

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