Patna High CourtCR. MISC./48780/2019dismissed

Ganeshi Das v. The State Of Bihar

2019-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48780 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- TEKARI District- Gaya ====================================================== GANESHI DAS Son of Late Jangbahadur Das Resident of Village- Paluhar, P.S.- Tikari, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 This application, for grant of anticipatory bail, arises out of Tikari P.S. Case No. 358 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of assault to the daughter in law of the informant by means of Sabbal on her head.

Submission of learned counsel for the petitioner is that informant is brother of petitioner and there is land dispute between the parties and in the impugned order nature of injury has not been mentioned.

Heard learned A.P.P. and perused the impugned order, from which, it appears that there is direct allegation against the petitioner of assault to daughter in law of informant

Patna High Court CR. MISC. No.48780 of 2019(3) dt.16-11-2019 2/2 on her head by means of Sabbal and two injuries were found on the scalp of the daughter in law.

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 has to 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 merit of the case and also after considering the nature of injury, without being prejudiced by this order.

This application is, accordingly, dismissed.

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