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Patna High CourtCR. MISC./41722/2017dismissed

Rinku Singh @ Amarendra Pratap Singh v. The State Of Bihar

2017-10-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41722 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Rinku Singh @ Amarendra Pratap Singh son of Surajdeo Singh Resident of Village - Garahania, P.S. - Charpokhari, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking anticipatory bail in connection with Charpokhari P.S. Case No. 75/2017 registered for offences punishable under Sections 341, 323, 325, 307, 379, 427/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that after investigation it has come in supervision that the allegation of giving a blow by an iron rod on the head of the informant could not be substantiated by independent witnesses and, in any case, a case under Section 307 IPC has not been believed by the police; it may, at best, be a case under Sections 341 and 323 of the Indian Penal Code.

On the other hand, learned A.P.P. for the State opposed

Patna High Court Cr.Misc. No.41722 of 2017 (3) dt.17-10-2017 2/2 the prayer for anticipatory bail and submits that there are specific allegations against this petitioner of causing injury on the head of the informant by an iron rod, therefore, the plea for anticipatory bail is not fit to be accepted.

Considering the facts and circumstances, particularly that there is an allegation of assault on the head of the informant by this petitioner which has caused some injury, I am not inclined to grant anticipatory bail to the petitioner in connection with Charpokhari P.S. Case No. 75/2017.

If the petitioner surrenders in the court below within a period of four weeks from today and prays for bail, the court below shall consider the entire materials including the supervision note as submitted by the learned counsel for the petitioner and shall pass an appropriate order in accordance with law. The application is dismissed.

(Rajeev Ranjan Prasad, J) Dilip, AR U T