Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21783 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -EKMA District- SARAN ======================================================

1. Rajesh Prasad Son of Baliram Prasad resident of village - Gajiyapur, Police Station Ekma, District - Saran, Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dipak Kumar For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2016 Heard both sides.

Amongst other 307 IPC is the charge with which the petitioner is accused vide Ekma P.S. case no. 185 of 2015. On the date of occurrence, it is alleged 08 accused persons including the petitioner came to the house of the informant and assaulted. Specific allegation against the petitioner is that he assaulted with lathi on the head of the informant causing injuries. Contention of the petitioner is that on the same day, the Bhabhi of the petitioner had lodged a case against the present prosecution side in retaliation whereof the present case has been lodged. The sons of the informant were accuseds of 302 IPC in which the brother of the petitioner was killed. It was a motivated/concocted allegation to put pressure on the petitioner

Patna High Court Cr.Misc. No.21783 of 2016 (2) dt.20-05-2016 2/2 and his family members.

Learned APP opposed the prayer and submits that specific allegation of causing injury on the head is attributed to the petitioner. The injury report of the informant shows that she received at least two injuries grievous in nature caused by hard and blunt substance.

Considering the facts of the case, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Shyam/- U T