Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62047 of 2017 Arising Out of PS.Case No. -250 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Rahul Kumar, S/o Sunil Singh, R/o Village- Sahosarai, P.S.- Garkha, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate. For the Opposite Party/s : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Garkha P.S. Case No. 250 of 2017 instituted for the offence under Sections 341, 323, 324, 307 and 366/34 of the Indian Penal Code. It is alleged in the Fard-e-beyan that the informant along with her elder sister was returning to her house from Garkha market. and when they reached near the Airtel Tower in village Sahosarai, the petitioner arrived on Motorcycle and dashed them, due to which, both fell down.

The informant made protest then petitioner gave knife blow to the informant in her abdomen, on account of which, she sustained injury. Petitioner also assaulted sister of the informant with kicks and legs. Thereafter, it is alleged that accused Monu Khan of village Bajitpur came there by a Bolero vehicle and both i.e.

Patna High Court Cr.Misc. No.62047 of 2017 (3) dt.07-02-2018 2/2 vehicle.

Learned counsel for the petitioner has pointed out the statement of elder sister of the informant recorded under Section 164 Cr. P.C. wherein she has stated that she voluntarily married with this petitioner. She has stated that while she was going with her sister, this petitioner arrived on Motorcycle and she went with him on the motorcycle.

The injury report of the informant is available in the case diary wherein the Doctor has found two injuries on her person and the opinion has been kept reserved. One injury has been found as stab wound on lateral side of upper abdomen measuring 0 1⁄2" x 0 1⁄2" x muscle deep.

In such circumstances, there is specific allegation against this petitioner of causing stab injury to the informant. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T