Patna High CourtCR. MISC./48048/2017rejected

Arjun Kumar v. The State Of Bihar

2017-12-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48048 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Arjun Kumar, Son of Bigan Prasad, R/o Village- Ramnagar Sikshak Colony, near Tapeshwar Singh College, P.S. Chapra Muffassil, DistrictChapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajeet Kumar For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No. 91 of 2017 for the offences punishable under sections 376, 511, 323, 341 and 307 of the I.P.C.

Allegedly, the petitioner was making an attempt to commit rape with wife of the informant and when the informant intervened the petitioner started giving rod blow upon him causing injury on his head and further the petitioner snatched Mangal Sutra valued at Rs. 25,000/- from the neck of wife of the informant.

Patna High Court Cr.Misc. No.48048 of 2017 (3) dt.13-12-2017 2/2 Submission is of false implication and that the informant and the petitioner both are own brothers, due to partition there was some dispute and the informant has lodged this false case only with a view to put pressure, the father of the petitioner has stated that for partition the occurrence has taken place, vide paragraph-8 of the case diary, and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. seriously opposes prayer for prearrest bail of the petitioner by submitting that on the vital part of the informant injury has been found by the doctor. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Saran at Chapra.

(Jitendra Mohan Sharma, J) Abhay/- U T