Nilesh Kumar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18832 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -BACHWARA District- BEGUSARAI ====================================================== Nilesh Kumar @ Bablu Kumar, son of Shri Arbind Kumar Singh resident of village-Rudauli, P.S. Bachhwara, District- Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Jha For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-06-2015 Heard learned counsel for the petitioner and informant as also counsel for the State.
Having regard to the nature of allegation against the petitioner for offence under Section 341, 323, 504, 379, 427, 308 of the Indian Penal Code, this Court, having found that the petitioner, being the son, has assaulted his father, allegedly in the name of some dispute over property, would not find the petitioner entitled for privilege of anticipatory bail. The story that the petitioner has given before this Court that there is already a partition and, therefore, there would be no reason for the petitioner to ask for any further share in the land will not inspire confidence for a simple reason that there may be any sort of difference of opinion with regard to dispute in property in a family but, a son is
Patna High Court Cr.Misc. No.18832 of 2015 (2) dt.17-06-2015 never expected to assault his father for claiming such property. This Court, therefore, is not inclined to grant privilege of anticipatory bail to the petitioner.
Accordingly the prayer for anticipatory bail of the petitioner, namely, Nilesh Kumar @ Bablu Kumar is rejected. It is however, made clear that if the petitioner appears before the court below and prays for regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order.
(Mihir Kumar Jha, J) Rishi/- U T