The Patna High Court rejected an application for anticipatory bail, noting the alleged assault on a vital body part. The petitioner was directed to surrender to seek regular bail to be disposed of separately without prejudice.
Application for anticipatory bail rejected; petitioner directed to surrender for regular bail.
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Patna High Court Cr.Misc. No.28356 of 2013 (2) dt.01-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28356 of 2013 ====================================================== 1. Mukesh Kumar @ Mukesh Singh S/O Satya Narayan Ray R/O Village Bahuara, Rajapakar (Baranti O.P.), District Vaishali. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-10-2013 Heard learned counsel for the petitioner and learned APP for the State. The petitioner apprehends his arrest in a case registered under Sections 147, 148, 149, 323, 447, 308, 354, 379, 504, 509 of the Indian Penal Code.
The petitioner is alleged to have assaulted on the head when some rowdy elements were requested not to tease the girls going to the college. Corresponding injury has been mentioned in the impugned order. The injury is upon the parietal region of the skull which is a vital part of the body.
Considering the allegation, prayer for anticipatory bail of the petitioner is rejected in connection with Rajapakar (Baranti O.P.) P.S. Case No. 40 of 2013.
Patna High Court Cr.Misc. No.28356 of 2013 (2) dt.01-10-2013
The petitioner is directed to surrender before the
court below and pray for regular bail which would be disposed of without being prejudiced by this order.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether an application for anticipatory bail should be allowed in a case involving alleged assault.
Whether to grant terms for surrender to seek regular bail.
Mukesh Kumar @ Mukesh Singh S/O Satya Narayan Ray
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
