Ram Punit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.950 of 2017 Arising Out of PS.Case No. -305 Year- 2016 Thana -BIRAUL District- DARBHANGA ====================================================== Ram Punit Chaudhary, S/o Late Rajendra Chaudhary, Residence of VillPohaddi, P.S.- Bahera, Disst- Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate with Mr. Kedar Jha, Advocate For the informant : Mr.Md.Anis Akhtar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Biraul P.S.Case No. 305 of 2016 registered for the offences punishable under Sections 341, 323, 379, 324, 307 and 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is case and counter case between the parties and there is injury on the side of the petitioner also. It has further been submitted that a title suit is pending between the parties and so far allegation against the petitioner is concerned, it is alleged that he assaulted the informant with khukhari on his head but the injury report appears to have been manufactured one.

Patna High Court Cr.Misc. No.950 of 2017 (2) dt.02-02-2017 2/2 Heard learned APP and learned counsel for the informant. Both of them have opposed the prayer for anticipatory bail stating that there is direct allegation against the petitioner of assault on the head of the informant which caused grievous injuries on the person of the informant.

Having heard both sides and considering the nature of injuries sustained by the informant caused by the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.

Let the petitioner surrender and make regular bail application, which shall be considered by the court below keeping in view the fact that there is case and counter case between the parties and there is injury on the side of the petitioner also, and disposed of, preferably on the same day the bail application is filed, without being prejudiced by this order. (Vinod Kumar Sinha, J) spal/- U