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Patna High CourtCR. MISC./86830/2019dismissed

Saurav Kumar v. The State Of Bihar

2020-06-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86830 of 2019 Arising Out of PS. Case No.-512 Year-2019 Thana- BARH District- Patna ====================================================== SAURAV KUMAR, Son of Srikant @ Baikunth Raut @ Baikunth Resident of Mohalla - Banarsighat, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2020 Heard Mr. Manish Kumar No. -2, learned counsel for the petitioner and Mr. Harendra Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barh P. S. Case No. 512 of 2019 dated 25.10.2019 instituted for the offences under Sections 341, 323, 325, 307 and 509 of the Indian Penal Code. The petitioner is alleged to have assaulted the daughter of the informant on her head leading to injury on the vital portion of her body.

It has been submitted on behalf of the petitioner that the accusation appears to be unfounded in as much as

Patna High Court CR. MISC. No.86830 of 2019(3) dt.22-06-2020 2/2 there was no occasion for the petitioner to have assaulted the daughter of the informant when there was an ongoing dispute between the petitioner and his brother. Apart from this, it has also been argued that the nature of injury could not be deciphered in the first instance and opinion has been reserved.

However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, it shall be considered on its own merits, without being prejudiced with the fact that the present petition has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U