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Patna High CourtCR. MISC./17716/2018rejected

Arvind Paswan v. The State Of Bihar

2018-04-05Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.17716 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17716 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -RAIYAM District- DARBHANGA ======================================================

1. Arvind Paswan S/o Sonelal Paswan, Resident of Village-Mohanpur, P.S.- Raiyam, District-Darbhanga., .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prativa Kumari For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioner apprehends his arrest in Raiyam P.S. Case No.52 of 2017 registered under Sections 341, 323, 447, 354(B), 324, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleged that the petitioner entered into his courtyard and began to behave obscenely with his sister. On alarm, the father of the petitioner also came there. On the order of Sonelal Paswan, the father of the petitioner, petitioner stabbed the informant dagger in his abdomen.

The learned counsel for the petitioner submits that petitioner is next door neighbour of the informant. On account of some family dispute, this false case has been lodged but the injury found on the person of the deceased is simple in nature but it

Patna High Court Cr.Misc. No.17716 of 2018 (2) dt.05-04-2018 appears that it is the petitioner who assaulted in the abdomen of the informant with dagger caused two incised wounds over left mid axillaries and left hand and there was profuse bleeding. Of course, the doctor has opined the injury to be simple in nature but petitioner inflicted dagger blow on the vital part of the body. In view of this fact, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T