Patna High CourtCR. MISC./47092/2015rejected

Banti Kumar @ Prince Kumar v. The State Of Bihar

2016-01-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47092 of 2015 Arising Out of PS.Case No. -156 Year- 2015 Thana -KHARAGPUR District- MUNGER ====================================================== Banti Kumar @ Prince Kumar Son of Sri Harendra Kumar, Resident of Village - Bishanpur, P.S. - Hweli Kharagpur, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeeva Roy For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No. 156 of 2015 registered under Sections 341, 323, 308, 504 and 34 of the I.P.C. pending in the Court of S.D.J.M., Munger.

The accusation is that the petitioner along with his mother Hira Devi caused assault through stick at the head of his grand-mother, Nirmala Devi.

Learned counsel appearing on behalf of the petitioner submits that in fact, the informant Nirmala Devi, grand-mother of the informant, sustained injury due to fell down on the earth in course of hot exchange in her family members, but due to

Patna High Court Cr.Misc. No.47092 of 2015 (3) dt.28-01-2016 2/2 annoyance, she lodged this present case. Moreover, the informant has filed a compromise petition in between the parties on 03.12.2015 in the Court of S.D.J.M.

Having considered the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the application for anticipatory bail is rejected. However, petitioner is directed to surrender before the Court below within a period of six weeks and pray for regular bail, which shall be decided on its own merit without being prejudiced by the present order.

(Rajendra Kumar Mishra, J.) Shail/- U T