← Library
Patna High CourtCR. MISC./63579/2017rejected

Rajesh Ram And ORS v. The State Of Bihar

2018-02-01Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63579 of 2017 Arising Out of P.S.Case No. -201 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Rajesh Ram,

2. Mahesh Ram &

3. Dinesh Ram @ Dinesh Kumar .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anil Chandra, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard.

2. The petitioners apprehend arrest in connection with Barun P.S.Case No.201 of 2017 pending in the Court of CJM, Aurangabad registered for an offence under Section 341, 323, 308, 504 and 506/34 of the IPC.

3. It has been submitted that the occurrence of assault allegedly took place in the night of 12.11.2017 whereas the FIR has been lodged after the delay of three days, i.e., on 15.11.2017 for which there is no explanation. The allegation of assault is not specific against this petitioner rather omnibus. Petitioners have clean antecedent and on account of local politics their names have been divulged and so the petitioners deserve anticipatory bail.

4. However, learned APP opposed the submissions.

5. On perusal of impugned order, I find that all these

Patna High Court Cr.Misc. No.63579 of 2017 (3) dt.01-02-2018 2/2 petitioners are named with specific allegation that they came at the house of the informant and assaulted the son of the informant by means of lathi and danda. The informant moved his son to local PHC for better treatment. The injury report on record shows that the injured sustained fracture of right frontal bone which is grievous in nature.

6. Considering the grievous nature of injury on the head, the prayer of anticipatory bail of these petitioners is rejected. (Sanjay Kumar, J) B.Kr./- U