Patna High CourtCR. MISC./23921/2018dismissed

Prakash Jha @ Jai Prakash Jha v. The State Of Bihar

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23921 of 2018 Arising Out of PS.Case No. -206 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Prakash Jha @ Jai Prakash Jha, Son of late Suryakant Jha. Resident of Village- Phulhara, Kalyanpur Police Station- Kalyanpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the informant : Mr. Pankaj Kumar Das, Advocate. Mr. Dhananjay Kumar, Advocate.

For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Kalyanpur P.S. Case No. 206 of 2017 instituted for the offence under Sections 307, 323, 341, 379, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the brother of the informant on his head with iron rod with intention to kill him causing serious injury to him. Learned counsel for the informant has appeared and

Patna High Court Cr.Misc. No.23921 of 2018 (4) dt.16-05-2018 2/2 submitted that Jai Shankar Jha has sustained grievous injury on his head. The injury report of brother of the informant has been enclosed as Annexure-3 wherein the Doctor has found incised wound on left parietal region cut skull measuring 1 1⁄2" x 1/6" x 1/8" caused by sharp aged weapon. From the CT scan report of PMCH, the injury 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