Turva Parihar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12310 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -BARSOI District- KATIHAR ======================================================
1. Turva Parihar, Son of Sukru Parihar, Resident of Village-Pomra Bard, P.S. Barsoi, District-katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Madhura Nanad Jha, (APP-102) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Barsoi P.S. Case No. 234 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504, 506 of the Indian Penal Code.
Allegedly, in the occurrence the petitioner gave daw blow causing head injury to the informant and further repeated the blow causing injury on both the arms.
Submission is of false implication and that from the injury report of the informant it reveals that she has received sharp cut injury on both arms as well as on frontal region and the doctor has found the injury caused by knife. The petitioner has been made
Patna High Court Cr.Misc. No.12310 of 2017 (2) dt.24-03-2017 2/2 accused due to land dispute, both the parties are related to the same family and this case has been lodged only with a view to dispossess the petitioner from his ancestral land. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioner has repeated the blow and corresponding injury has been found by the doctor.. In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Barsoi P.S. Case No. 234 of 2016, pending in the Court of learned Chief Judicial Magistrate, Katihar.
However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T