Patna High CourtCR. MISC./72752/2023bail rejected

Upendra Chauhan v. The State Of Bihar

2023-11-09Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72752 of 2023 Arising Out of PS. Case No.-65 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== Upendra Chauhan, Son Of Pyare Chauhan, R/O Village -RAMPUR, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Akbarpur P.S. Case No. 65/2021 dated 26.01.2021, instituted under Sections 341, 323, 308, 354(B), 34 of the Indian Penal Code.

3. The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant and when informant's daughter-in-law came to save they started teasing her and petitioner also assaulted his daughter-in-law on his head by means of Gandasa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner and the informant are

Patna High Court CR. MISC. No.72752 of 2023(2) dt.09-11-2023 2/2 close agnates and next door neighbour. It is submitted that there is dispute between the parties with regard to share of the property. It is also submitted that the petitioner has no criminal antecedent.

5. Learned APP has opposed the prayer for bail and submitted that the allegation against the petitioner is corroborated by the injury which is mentioned on page no. 2 of the impugned order. As per the impugned order, one incised wound on head of daughter-in law of the informant having diameter of 5" x 1/2" x deep bone injury caused by sharp edged weapon was found.

6. Considering the aforesaid facts and circumstances of the case and submissions of the parties, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands disposed of.

(Khatim Reza, J) Ranjeet/- U T