Ram Pravesh Paswan vs The State Of Bihar
2021 Latest Caselaw 1368 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31800 of 2020
       Arising Out of PS Case No.-79 Year-2020 Thana- PIAR District- Muzaffarpur
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Ram Pravesh Paswan, Male, aged about 45 years, Son of Satahu Paswan, Resident of Village - Matlupur, PS - Piar, District Muzaffarpur.

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

For the Petitioner/s : Mr. Abhay Kumar, Advocate For the State : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-03-2021

Heard Mr. Abhay Kumar, learned counsel for the

petitioner and Mr. Humayou Ahmad Khan, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Piar (Hatha OP) PS Case No. 79 of 2020 dated 12.04.2020,

instituted under Sections 341, 323, 325, 354, 379, 504 and 506/34

of the Indian Penal Code.

3. The allegation against the petitioner, along with

others, is that he had abused the informant for refusing to work in

his field and thereafter had also assaulted on head by the handle of

the water pump machine but she saved herself and the blow was

taken on her shoulder resulting in fracture.

Patna High Court CR. MISC. No.31800 of 2020 dt.09-03-2021

4. Learned counsel for the petitioner submitted that the

allegation is totally false and also general and omnibus. It was

further submitted that the occurrence took place on 06.04.2020 but

the complaint was forwarded to the police on 12.04.2020. Learned

counsel submitted that the petitioner has no criminal antecedent.

5. Learned APP, from the case diary, submitted that

there is specific allegation of assault on the shoulder by the handle

of the water pump machine and the injury report corroborates such

allegation. It was further submitted that the highhandedness of the

petitioner would be clear from the fact that because the petitioner

did not agree to work on his field, he resorted to violence and also

abused her.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T