Manindar Kushwaha @ Manindra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88478 of 2024 Arising Out of PS. Case No.-415 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Manindar Kushwaha @ Manindra Prasad Son of Late Chandradev Kushwaha village- Shayampur, Ps- Kuchaikote, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Advocate For the Opposite Party/s :
Mrs.Sucheta Yadav, APP For the informant :
Mr. Pramod Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2025 Heard Mr. Aditya Pandey, learned counsel for the petitioner and Mrs. Sucheta Yadav, learned APP for the State besides Mr. Pramod Kumar Yadav, representing the informant.
2. The petitioner is apprehending arrest in connection with Kuchaikote P.S. Case No. 415 of 2024 instituted under Sections 341, 323, 324, 325, 307, 354(B), 04, 34 of the Indian Penal Code section 126(2), 115(2), 118(1), 117(2), 109, 76, 352, 3(5) of BNS lodged on 02.10.2024 by the informant, Sheela Kumari.
3. As per the prosecution story, the informant alleged that Ankit Kushwaha with bad intention grabbed the informant and when she tried to save herself, the modesty was outraged. As she shouted for help and the family members went to the house of the Ankit Kushwaha, the allegation is that this petitioner alongwith the family members armed variously resorted to assault then the informant's brother Pramod Yadav
Patna High Court CR. MISC. No.88478 of 2024(3) dt.08-05-2025 2/2 came to help, he was assaulted by Ankit Kushwaha who sustained head injury, as the sister came to help, she was assaulted by this petitioner by iron rod who also suffered head injury. They were unconscious on the spot, the locals took them to the Sadar Hospital for treatment whereafter to Gorakhpur for better treatment. This led to the FIR.
4. Learned counsel for the petitioner Mr. Pandey submits that the petitioner do not have criminal antecedent, in a rush of blood, scuffle took place in which injury happened.
5. Learned APP as also learned counsel for the informant has taken this Court to the learned Sessions Judge order to show that the allegation against the petitioner is direct and specific that he assaulted with iron rod on the head of Sanju Kumar causing fracture on the head.
6. Taking into account the allegation that has come against the petitioner which is specific and certainly injurious to life, in that background, it would be appropriate that he seek bail.
7. The anticipatory bail stands rejected.
(Rajiv Roy, J) Ravi/- U T