Aman Kumar @ Bharat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53074 of 2019 Arising Out of PS. Case No.-271 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== AMAN KUMAR @ BHARAT, aged about 27 years, Male, Son of Raj Kumar Patwa, Resident of Village - Nawaji Tola @ Sonar Patti, P.S.- Chapra Town, Dist.- Saran ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manish Chandra Gandhi, Adv.
For the Opposite Party :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Chapra Town P.S. Case No. 271 of 2019, pending in the Court of the Chief Judicial Magistrate, Saran at Chapra, for the offences alleged under Sections 341, 323, 324, 307, 354, 504, 120b and 34 of the Indian Penal Code.
The accusation is that in the morning of 21.05.2019, informant, Rashmita Sah, was at her flat, at that time, petitioner, Aman Kumar @ Bharat, and his brother, Amar Kumar, having pistol and belt in their hands, came and started filling up the drain. When informant and her husband, Manish Kumar, made protest, then, Aman Kumar, Amar Kumar and Brajesh Kumar came there and started to cause assault and torn her Salwar and Sameez. Her husband, Manish Kumar, also got injury through
Patna High Court CR. MISC. No.53074 of 2019(2) dt.26-08-2019 2/2 knife at the neck. When Nutan Devi, Indja Gupta and Indu Devi rushed to save them, they were also abused because of old enmity of dispute of shop.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.
(Rajendra Kumar Mishra, J) Shamshad/- U T