Pawan Kumar @ Pawan Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43625 of 2017 Arising Out of PS.Case No. -346 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Pawan Kumar @ Pawan Mistri S/o Munirak Mistry Resident of Village - Kusumer, P.S. - Fatehpur, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2017 Heard both sides.

The petitioner apprehends his arrest in Fatehpur P.S. Case No. 346 of 2016 under sections 325, 308 and other sections of the IPC.

The informant alleged that on 12.10.2016, while he was preparing plough, Pawan Misry, the petitioner assaulted on his left and right hands and Munrik Mistry also assaulted him with lathi. It is further alleged that Kujo Devi came and began to abuse the informant. When the informant forbade, the petitioner Pawan Mistry assaulted him on his both hands and legs. Munrik Mistry also assaulted him with stick on his body. The informant also alleged that he was referred to ANMMCH, Gaya for treatment. The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.43625 of 2017 (2) dt.20-09-2017 2/2 occurrence took place on 12.10.2016 but after two months the FIR was lodged.

It appears that the informant himself stated that he got fracture injuries on his hands and he was referred to ANMMCH, Gaya for treatment. When he was discharged from ANMMCH, Gaya, he lodged the FIR. The informant got grievous injuries. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) S.Sb/- U T