Patna High CourtCR. MISC./40045/2018rejected

Sanjay Choudhary v. The State Of Bihar

2018-07-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40045 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Choudhary son of Govind Choudhary, resident of Village- Thakur Bigha P.s. Giriyak District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2018 The petitioner apprehends his arrest in connection with Giriyak P.S. Case No.228 of 2017 registered under Sections 341, 323, 504, 302/34 of the Indian Penal Code. The informant alleged that Dilip Choudhary had tied his cow on the road, when the informant asked him to give way, Dilip Choudhary assaulted him and torn his clothes. When his son came to save, Dilip Choudhary, Rajendra Choudhary, Ajay Choudhary, Dharu Choudhary, Nablesh Choudhary, Jitendra Choudhary, Pinki Devi, Sanjay Choudhary, the petitioner and Krishna Choudhary assaulted the informant and his son Anuj Kumar. The informant further alleged that during the course of assault, Dilip Choudhary, Nablesh Choudhary, Pinki Devi also

Patna High Court Cr.Misc. No.40045 of 2018 (2) dt.11-07-2018 2/2 assaulted his son with iron rod. The son of the informant died during course of treatment.

Learned counsel for the petitioner submits that no specific allegation of assault has been made against the petitioner. Other accused persons have been granted regular bail but from perusal of the F.I.R. itself, it appears that on petty dispute, all the accused persons are alleged to have assaulted the informant and his son. During course of treatment, the son of the informant died. Taking into consideration the aforesaid fact, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Amit/- U T