Patna High CourtCR. MISC./25283/2017rejected

Amar Yadav v. The State Of Bihar

2017-07-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25283 of 2017 Arising Out of PS. Case No. -189 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Amar Yadav Son of Ram Shatri Yadav, Resident of Village-Cuhari, P.S. Chanpatiya, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Chanpatiya P.S. Case No. 189 of 2016 registered for offences under sections 341, 323, 324,, 325, 308, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practice Act.

An allegation has been made against the accused persons to have caused injuries. A specific allegation has been made against the petitioner to have also gave head injury. Learned counsel for the petitioner submits that the injury does not corroborate with the injury report which is part of the case diary but, the injury shows that the petitioner has received

Patna High Court Cr.Misc. No.25283 of 2017 (3) dt.13-07-2017 injury. Learned counsel for the petitioner further submits that during investigation, the police did not find any major injury on the body but, the same was found to be minor in nature and in course of investigation, the police also did not find the case of Witch Practice Act against the petitioner.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Amar Yadav is rejected.

Let the petitioner should surrender in the court below and the court below will consider the prayer for bail of the petitioner and will pass an order in accordance with law without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T