Sukhba Mandal @ Sukhai Mandal @ Sukhoi Mandal @ Sukhjha Maeel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38305 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -BASOPATTI District- MADHUBANI ====================================================== Sukhba Mandal @ Sukhai Mandal @ Sukhoi Mandal @ Sukhjha Maeel, Son of Late Panchu Mandal, Resident of Arghawa, P.S.- Basopatti, DistrictMadhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the informant : Mr. Ratnakar Jha, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Basopatti P.S. Case No. 19 of 2018 instituted for the offence under Sections 452, 341, 323, 324, 307, 427, 504 and 34 of the Indian Penal Code. In the written report there is specific allegation against petitioner of assaulting the informant with Tangi on his head causing serious injury.

Learned counsel for the petitioner has submitted that in re-statement the injured (informant) has taken name of accused Dukhwa Mandal. It has further been submitted that other coaccused persons have been granted anticipatory bail by coordinate

Patna High Court Cr.Misc. No.38305 of 2018 (3) dt.19-07-2018 2/2 Bench of this Court vide order dated 21.5.2018 passed in Cr. Misc. 31117 of 2018. There is case and counter case between the parties.

It is mentioned in the order dated 21.5.2018 passed in Cr. Misc. 31117 of 2018 that petitioner assaulted the informant with Tangi on his head.

Learned A.P.P. after looking into the case diary has submitted that informant has sustained serious injury on his head. The Doctor after C.T. Scan has found multiple haemorrhage and fracture on both parietal bone of skull which was opined to be grievous in nature.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T