Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64980 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Saurabh Kumar Son of Sant Sao Resident of -Sansar Pokharr ,Ward No- 17 ,P.S -Kawaiya ,District -Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Kabaiya P.S. Case No. 73 of 2024 instituted under Sections 341, 323, 307, 504/34 of the Indian Penal Code lodged on 16.05.2024 by the informant, Neha Kumari.
3. As per the prosecution story, the informant alleged that she was married to Shashi Bhushan Kumar but after birth of the child, she was regularly tortured for dowry.
4. On the fatefulday, all of them abused and when her mother and brother objected to it, the allegation against this petitioner is of giving rod blow to his brother, Nitesh Kumar causing injury on the head, as a result thereof, bleeding took place, he was taken to the Sadar Hospital and thereafter, the FIR.
Patna High Court CR. MISC. No.64980 of 2024(2) dt.01-10-2024 2/2
5. Learned counsel for the petitioner submits that injury has been found to be simple in nature, it is the dispute between the family and he lives separately.
6. Learned APP opposes the prayer submitting that the claim of the petitioner that he lives separately totally falsify in view of the fact that direct allegation against him is of causing injury on the head of brother of the informant.
7. Though the injury has been found to be simple in nature, the fact remains that the Doctor has found use of hard blunt substance on the brother of the informant which has found incorporation in the order of the learned Sessions Judge.
8. In that background, it would be appropriate that the petitioner seek bail. His anticipatory bail application stands rejected.
(Rajiv Roy, J) Ravi/- U T