Sikandar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50064 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sikandar Chaudhary S/o Ram Bilash Chaudhary @ Ramvilash Choudhary Resident of Village- Razakpur, P.S.- Nowkothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends hia arrest in connection with Nowkothi P.S. Case No.73 of 2012, registered for the offences punishable under Sections 147, 148, 323, 325, 308, 504, 506, 324, 354 and 379 of the Indian Penal Code.

The petitioners and other co-accused persons armed with lathi, rod and pistol are said to have come at the door of the informant and started abusing. When the daughter of the informant objected, the petitioner is said to have assaulted her by means of iron rod on her head which hit on her nose causing fracture injury. When the family members of the informant including his wife came there, they were also assaulted by the accused persons. Coaccused, Lalita snatched Mangal Sutra made of gold from the

Patna High Court CR. MISC. No.50064 of 2022(2) dt.08-12-2022 2/2 daughter of the informant and co-accused, Rina Devi snatched earring made of gold from the wife of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against the petitioner and informant is not the eye witness of the occurrence. It is submitted that the occurrence took place on 31.05.2022, but the FIR was lodged on 04.06.2022 after delay of four days without giving any explanation which creates a serious doubt on the veracity of the prosecution case.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that the allegation is specific against the petitioner that he assaulted the daughter of the informant causing grievous injury.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Anjani Kumar Sharan, J) Sanjay/- U T