Patna High CourtCR. MISC./5117/2024dismissed

Vikesh Rai v. The State Of Bihar

2024-02-20Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5117 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Vikesh Rai S/o Baliram Rai R/o Village- Naya Baiju Tola P.S. Barahara (Krishnagarh O.P.), Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For the Informant :

Mr. Deo Narayan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner, learned APP for the State and the Informant.

2. The petitioner is apprehending his arrest in connection with Barhara (Khawashpur O.P.) P.S. Case No. 502 of 2023 for the offence under Sections 341, 323, 307, 504 and 34 of the I.P.C. lodged on 20.08.2023, by the informant, Nand Kishore Rai.

3. As per the prosecution story, the informant alleged that the accused persons forming an unlawful assembly came and assaulted him. As he screamed, his wife and daughter came to his rescue. Allegation against this petitioner is of assaulting both the wife and the daughter on their heads causing injuries. Accordingly, the FIR.

Patna High Court CR. MISC. No.5117 of 2024(2) dt.20-02-2024 2/2

4. Learned counsel for the petitioner submit that though the allegation is specific in nature, the same is exaggerated, the injuries do not support the allegation so made.

5. Learned counsel appearing on behalf of the informant on the other hand submits that there is specific allegation against this petitioner of assaulting both the wife as also the daughter and there are injuries to show that the allegation is true.

6. Considering the submissions put forward by the parties as also the allegation that is on record, it would be appropriate that the petitioner surrenders and then prefer for bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Adnan/- U T