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Patna High CourtCR. MISC./4957/2017dismissed

Udan Sah @ Uddan Sah v. The State Of Bihar

2017-03-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4957 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Udan Sah @ Uddan Sah, S/o Birendra Sah, R/o Village- Khairatia, P.S. Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Mirganj P.S. Case No.188of 2016 instituted for the offence under Section(s) 341, 323, 324, 307, 379, 354, 427/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Gopalganj. As per written report, there is allegation against this petitioner that he along with co-accused, Birendra Sah, assaulted the wife and Bhabhi of the informant, with Gandasi on head causing injury and both became unconscious and fell down. Case diary has been received.

Learned APP has submitted that Injury Report of both injured is available in the case diary and the doctor has found two injuries on the head of Basmati Devi caused by hard

Patna High Court Cr.Misc. No.4957 of 2017 (3) dt.18-03-2017 2/2 and blunt substance and two injures on the forehead of Rajkali Devi. The doctor had advised for CT Scan, but the report did not come and the doctor opined both injuries are simple in nature. The doctor also found injury of Basmati Devi as simple in nature. From the Injury Reports, it appears that there was repetition of blow on the head and both injured suffered injuries on their head.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T