The Patna High Court rejected the petitioner's plea for anticipatory bail in a criminal case involving alleged assault on a police constable. The court held that the specific allegation of assaulting a lady constable precludes the grant of anticipatory bail.
Prayer for anticipatory bail rejected; petitioner directed to surrender for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36209 of 2018
Arising Out of PS.Case No. -156 Year- 2017 Thana -SACHIWALAYA District- PATNA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Braj Kishore Singh For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 16-07-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Sachivalaya (Patna) P.S. Case No. 156 of 2017 instituted for the offence under Sections-323, 324, 504, 353 and 307 of the Indian Penal Code.
In the written report, it is alleged that this petitioner obstructed the police party when they had gone to arrest the accused of Sachivalaya P.S. Case No. 54 of 2017, namely Ravindra Mahto. It is also alleged that the petitioner assaulted one lady constable Khushboo Kumari by catching hold her hair and also pressed her neck and when she tried to rescue herself, the petitioner caused injury to the lady constable by teeth biting on the left hand.
In such circumstances, there is specific allegation against the petitioner of assaulting the lady constable. Therefore, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer
Patna High Court Cr.Misc. No.36209 of 2018 (3) dt.16-07-2018
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for anticipatory bail is rejected.
The petitioner is directed to surrender in the court below and seek regular bail which will be considered by the court below on its own merit without being prejudiced by this order.
(Sanjay Priya, J)
A.K.V./-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing allegations of assaulting a police constable?
Manoj Devi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
