Vinod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48490 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== VINOD DAS Son of Fauzdar Das Resident of Village- Subhankarpur, P.S.- Tisiauta in the District of Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2019 This application, for grant of anticipatory bail, arises out of Tisiauta P.S. Case No. 23/18, disclosing offences under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

Prosecution story is that the daughter of the informant was earlier kidnapped by the accused persons and, thereafter, she was recovered, for which, the informant has lodged a case later on petitioner and others came to the house of informant and asked to withdraw the case and on protest, the petitioner assaulted on the head of informant by means of Garasa and accused persons also misbehaved with the daughter of informant and snatched away Rs. 4,000/-.

Submission of learned counsel for the petitioner is that in the earlier case, the petitioner was not accused and he has

Patna High Court CR. MISC. No.48490 of 2019(4) dt.01-10-2019 2/2 falsely been roped in the present case. Further submission is that there is case and counter case between the parties as one of the coaccused has also lodged a case against the informant and so far allegation of misbehaving with the daughter of the informant and taking away Rs. 4,000/- is concerned, the same are ornamental. Learned counsel for the State opposed the prayer for bail on the ground that the injury is on the head of informant and opinion about injury has been kept reserved.

Having heard both sides, considering the facts and circumstances as well as the fact that petitioner is an accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T