Deepak Kumar Mahto @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.994 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== Deepak Kumar Mahto @ Deepak Kumar S/o Chhedu Mahto Resident of Village- Ijra, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Ms. Meena Singh Mr. Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard both parties.

The petitioner apprehends his arrest in Rahika P.S. Case No. 85 of 2021, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on the alleged date and time of occurrence, this petitioner along with other FIR named accused persons assaulted the informant and her son, as a result of which both of them sustained injury and the accused persons also disrobed the informant.

It is submitted that petitioner has falsely been implicated in this case due to old enmity. Allegation of assault is general and omnibus and no specific overt act has been alleged

Patna High Court CR. MISC. No.994 of 2022(2) dt.25-07-2022 2/2 against this petitioner.

However, counsel for informant opposed the prayer for bail and submitted that petitioner is named in the FIR and there is allegation that this petitioner along with others assaulted the informant and her son causing grievous injury. Considering the facts aforesaid and nature of injury, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T