The Patna High Court rejected an application for anticipatory bail. The court declined to grant relief due to the serious nature of accusations involving assault by family members on the victim and his dependents.
Application for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26526 of 2015
Arising Out of PS.Case No. -38 Year- 2015 Thana -BELSAND District- SITAMARHI ====================================================== 1. Sahana Khatoon @ Rahana Khatoon W/o Md. Jafir Resident of Village - Pandrahi, P.S. - Belsand, District - Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar. ... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-07-2015 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307,323, 324, 325, 341 of the Indian Penal Code.
It is alleged that son of the informant was assaulting the grand-daughter of the informant and when informant came to rescue then he was also assaulted by the son of the informant with sword. It is further alleged that when daughter of the informant came to rescue then all the accused persons including the petitioner being daughter-in-law of the informant made assault.
It is submitted by learned counsel for the petitioner that accusation of making assault to the informant is not against the petitioner and the injury has been found to be simple.
Patna High Court Cr.Misc. No.26526 of 2015 (2) dt.03-07-2015
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A statement has been made in para 3 of the
petition that petitioner has no criminal antecedent.
Considering the nature of accusation where the son and daughter-in-law assaulted the father, sister and minor child, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly the application stands rejected in connection with Belsand P.S. Case No. 38 of 2015, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner apprehending arrest for alleged assault offences involving a family dispute.
1 provisions across 1 enactments
Sahana Khatoon @ Rahana Khatoon
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
