Ramnath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70326 of 2024 Arising Out of PS. Case No.-232 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== Ramnath Thakur S/o- Late Dinesh Thakur R/vill- Fatehpur,P.S - Didarganj, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Didarganj P.S. Case No. 232 of 2021 for the offence under Sections 341, 323, 308, 325, 504, 506 and 34 of the I.P.C.

3. As per the prosecution story, the informant has alleged that on 30.10.2021 her patidar (co-sharer) came to her house and started abusing and assaulting her as well as her daughter-in-law by means of bamboo stick. Due to which her daughter-in-law sustained injury on her hand. Further, when the informant tried to escape from the place of occurrence, then the accused persons caught and hit on her head by means of bamboo stick and consequently she fell down.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.70326 of 2024(4) dt.20-02-2025 2/2 petitioner and informant are co-sharer used to quarrel regularly due to personal interest. The said act of petitioner is not intentional rather it was accidental.

5. Learned APP opposes the prayer for bail.

6. As per the allegation leveled in F.I.R. the petitioner assaulted on the head of informant's wife - Shiv Kumari Devi by means of bamboo stick with intent to kill her. As per the allegation, after assault, she sustained injury on her head and she fell down, resultantly, blood started ouzing out from her head. In para 5, 6 and 7 of case diary, witnesses have supported the occurrence and allegation leveled against the petitioner. The photocopy of the injury report has been annexed in case diary which suggests that injured has sustained lacerated wound of 4cm x 0.5cm on head (occipital region). Investigation is still going on. Keeping in view the aforesaid facts and circumstances, this Court is not inclined to grant the petitioner the privilege of anticipatory bail.

7. Accordingly, the present application for anticipatory bail of the petitioner stands rejected.

(S. B. Pd. Singh, J) Ankit Kumar/- U T