Patna High CourtCR. MISC./13042/2016rejected

Suresh Paswan v. The State Of Bihar

2016-07-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13042 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Suresh Paswan S/o Late Yogendra Paswan, resident of VillageMurauwatpur, Ambedkar Chowk, Kalijee Ka Mandir, P.S. Desari, DistrictVaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2016 Heard Shri Bhola Prasad, learned counsel for the petitioner and the learned APP for the State. The petitioner apprehends his arrest in a case under Section 307 and other Sections of the Indian Penal Code. The informant alleged that in the midnight, the petitioner entered into his house and assaulted him with lathi which caused injury on the hand and head.

It is submitted that the occurrence took place in the night of 5/6.5.2015 but the information to the police was given on 12.5.2015. The informant was never serious so that he did not make any statement. It is submitted that petitioner happens to be cousin of the informant. The informant got injuries somewhere

Patna High Court Cr.Misc. No.13042 of 2016 (4) dt.14-07-2016 2/2 else and falsely implicated the petitioner on account of enmity. It appears that the case was lodged after six days of the occurrence but from perusal of the injury report, it appears that hand of the informant was found fractured and, he was under treatment in the hospital. Therefore, he could not file the police case. On account of assault made by the petitioner, hand of the informant was broken. I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with Desari P.S. Case No.109 of 2015 pending in the court of Judicial Magistrate 1st Class, Vaishali at Hajipur. If the petitioner surrenders, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that on account of assault, hand was broken and dispose of the petition on its own merit.

(Prabhat Kumar Jha, J) N.H./- U T