Kumar Prem Prasun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30930 of 2014 Arising Out of PS.Case No. -29 Year- 2012 Thana -KANHAULI District- SITAMARHI ====================================================== Kumar Prem Prasun Son of Dineshwar Chaudhary resident of villageGovindpur, P.S.- Fatuha, District- Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kanhauli P.S. Case No. 29 of 2012 registered under Sections 323, 504 and 354/34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Sitamarhi.

Learned counsel appearing on behalf of the petitioner submits that after investigation, the Police has submitted the charge-sheet on 31.07.2013 under Sections 323 and 504/34 of the I.P.C. only and not under section 354 of the I.P.C. which is non-bailable.

Admittedly, the charge-sheet has been submitted against the petitioner for the offence under Sections 323 and 504 of the I.P.C. which is bailable. As such, I am not inclined to allow

Patna High Court Cr.Misc. No.30930 of 2014 (2) dt.20-01-2015 2/2 the prayer of the petitioner. Accordingly, prayer of the petitioner for anticipatory bail is rejected.

However, petitioner is directed to surrender in the Court of Judicial Magistrate, 1st Class, Sitamarhi in connection with Kanhauli P.S. Case No. 29 of 2012 and pray for regular bail, which shall be considered within four weeks without being prejudiced by the present order.

(Rajendra Kumar Mishra, J.) Shail/- U T