Patna High CourtCR. MISC./30958/2017rejected

Harilal Sah v. The State Of Bihar

2017-07-07Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.30958 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30958 of 2017 Arising Out of P.S.Case No. -257 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Harilal Sah Son of late Darogi Sah Resident of Village- Kevlasi, Ward no. 7, P.S. Simraha, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-07-2017 Heard.

2. The petitioner apprehends arrest in connection with Forbesganj (Simraha) P.S.Case No.257 of 2017 pending in the Court of CJM, Araria registered for an offence under Sections 341, 323, 324, 379 and 504/34 of the IPC.

3. This petitioner is full brother of the husband of the informant. The informant has alleged that on the date of occurrence, this petitioner and his family members picked up quarrel and they abused and assaulted the informant and her husband. Allegation against this petitioner is that he assaulted the husband of the informant on his head by dabiya. According to learned counsel for the petitioner both parties are agnates and so the informant does not want to proceed with her case. The order of

Patna High Court Cr.Misc. No.30958 of 2017 (2) dt.07-07-2017 learned Sessions Judge passed in ABP No.525 of 2017 is on record which shows that the doctor has reported the injuries sustained by victim as grievous in nature.

4. Considering the nature of allegation, I am not inclined to grant the privilege of anticipatory bail of this petitioner. The anticipatory bail of the petitioner is rejected. If the petitioner surrenders before the court below and prays for regular bail, the court below shall consider the prayer of this petitioner without being prejudiced by this order.

(Sanjay Kumar, J) B.Kr./- U T