Jitendra Rai @ Jitendra Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64944 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- SAHPUR District- Patna ====================================================== Jitendra Rai @ Jitendra Kumari, Son of Late Panji Rai, R/o- Mathiyapur, P.S.- Shahpur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Anant Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This is an application for grant of anticipatory bail in connection with Shahpur P. S. Case No. 143 of 2019, disclosing offences under Sections 341, 323, 379, 307 and 504/34 of IPC. As per F.I.R. there is allegation that two other accused persons caught hold of the informant and petitioner assaulted by bricks on the head of the informant, causing injury to him, due to which, he became unconscious.
Submission of the learned counsel for the petitioner is that there was scuffle between the children of the parties and for that some occurrence took place and taking advantage of the same, allegation has been levelled against the petitioner. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that impugned order itself shows that informant was assaulted by lathi on the head and 12 stitches were found on the head of the informant.
Patna High Court CR. MISC. No.64944 of 2019(2) dt.18-10-2019 2/2 Having heard both sides, in view of the allegations, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he may surrender and pray for regular bail before the learned court below, the same shall be considered on its own merit, without being prejudiced by order of this Court.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T