Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61752 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- TARARI District- Bhojpur ====================================================== JITENDRA SINGH Son of Late Kishori Singh Resident of Village - Warasi, P.S.- Tarari, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tarari P.S. Case no. 04 of 2020 instituted for the offence punishable under Sections 341, 323, 307, 338, 354A, 354B, 504/34 of the Indian Penal Code and later on section 302 IPC was also added.

As per allegation in the FIR, several accused persons intercepted the informant's father-in-law in the way and abused him. On protest, accused persons started to assault him by means of lathi danda and bricks as a result of which he received head injury and fell down unconsciously. When she and her husband came there to rescue him, both were also beaten up by

Patna High Court CR. MISC. No.61752 of 2021(5) dt.22-08-2022 2/2 them and received injury. It is further alleged that later on her father-in-law succumbed to the injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the FIR. There was free fighting between the parties in which members of both sides have received injuries. There is case and counter case. Prosecution story is also not supported by the postmortem report. Learned APP appearing for the State has opposed the prayer of bail and submitted that prosecution witnesses have supported the prosecution case. Husband of the informant, who is also injured has stated specifically that petitioner has assaulted the deceased by means of Garasa on his head. Having heard learned counsel for the parties and considering the gravity of the alleged offence of murder of informant's father-in-law against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U