The court dismissed an application for anticipatory bail. Finding the allegations of assault credible despite the petitioner's land dispute defense and noting the victim was admitted in a hospital, the judge declined to extend the privilege of anticipatory bail.
Prayer for anticipatory bail rejected; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47884 of 2016
Arising Out of PS.Case No. -91 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR
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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
The four petitioners herein are named accused of Meenapur P.S. Case No. 91 of 2016 registered under section 307 and other allied sections of IPC.
Owing to the previous case lodged by the sister-in-law of the informant, it is alleged that on the relevant date all the accused persons named in the FIR including the petitioners, entered into the house of the informant and started assaulting him with Danda(s) on his head. When the wife came to rescue him, it is alleged that she too was assaulted by the accused persons.
The contention of the petitioners is that there is a land
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dispute between the parties. Even according to the FIR, a criminal case was going on from before lodged by the sister-in-law of the informant. There is no serious injury received by any of the injureds.
Counsel for the State, on the other hand, refers to the order of the learned Addl. Sessions Judge in order to contend that the informant was admitted in the PMCH and had received injury on the skull.
Looking to the allegations and other materials reflected from the records, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Prayer is accordingly rejected.
(Kishore Kumar Mandal, J)
HR/-
U T
2 issues framed by the court
Whether the petitioners are entitled to the privilege of anticipatory bail in a criminal case involving assault.
Whether the allegations of serious injury or credible motive support the extension of anticipatory bail.
Pragash Sah
Ram Balak Sah
Manoj Sah
Shiv Shankar Sah
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
