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Patna High CourtCR. MISC./38672/2018dismissed

Rohi Yadav v. The State Of Bihar

2018-07-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38672 of 2018 Arising Out of PS. Case No.-44 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Rohi Yadav S/o Lekha Yadav, R/o Vill.- Dumro, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Khaira P.S. case no. 44 of 2017 instituted for the offence under Section(s) 341, 323, 325, 504 and 379 of the Indian Penal Code.

There is specific allegation against this petitioner of assaulting the informant and his mother by means of iron rod causing injury in the head of the informant and hand of mother of the informant. The learned Sessions Judge, Jamui has mentioned in the impugned order that informant has sustained altogether 07 injuries. Out of which injury no.1 shows lacerated wound over head of right parietal region. Learned counsel for the petitioner has annexed the injury report of Sudama Devi mother of informant as Annexure 2 series to the

Patna High Court Cr.Misc. No.38672 of 2018(2) dt.04-07-2018 2/2 bail petition which shows that she sustained fracture of distal part left radius. The doctor has mentioned the age of mother of informant, namely Sudama Devi as 60 years in the injury report.

Therefore, considering the fact that there is specific allegation against this petitioner of assaulting the informant and his 60 years old mother , this Court does not find it a fit case for grant of anticipatory bail. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of, if possible on the same day, on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T