Krishna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77986 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== Krishna Ram S/o Raghunandan Ram, R/o Vill.- Bahuari, (Tola Balua), P.S.- Ramgadhwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha For the Opposite Party/s :

Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 This is an application for grant of anticipatory bail in connection with Ramgarhwa P.S. Case No. 207 of 2018, disclosing offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that when the son of the informant went to house of the petitioner for demanding his dues of Rs.5,000/-, then he was assaulted by the petitioner and other accused persons by lathi and danda causing injury on his head and thereafter when the informant went there, he was also assaulted by the petitioner and his father.

Submission of learned counsel for the petitioner is that the allegation against the petitioner is false and concocted and there is dispute between the parties, which will appear from

Patna High Court Cr.Misc. No.77986 of 2018(2) dt.04-01-2019 2/2 the F.I.R. itself and moreover nature of injury has not been mentioned. Further there is delay of 9 days in lodging the F.I.R. Heard learned A.P.P. also.

Having heard both sides and from perusal of impugned order, it appears that the son of the informant has received fracture in left temporal parietal home, in such view of the matter, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit without being prejudice by order of this court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T