IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10194 of 2025 Arising Out of PS. Case No.-375 Year-2023 Thana- MASHRAK District- Saran ====================================================== Umesh Sah @ Umesh Kumar S/O Shivchandra Sah R/O Village- Kawalpura, P.S- Mashrakh, Dist- Saran ... ... Petitioner/s Versus 1. The State of Bihar 2. Jeena Kumari W/O Umesh Kumar, R/O Village- Kawalpura, P.S.- Mashrakh, Distt.- Saran. At present D/O Nawal Kishore Sah, R/O Vill.- Kishunpura, P.S- Mashrakh,Dist- Saran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nalin Kumar, Advocate For the State : Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 2 07-03-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State. 2. The petitioner seeks bail, apprehending his arrest, in connection with Mashrakh P.S. Case No. 375 of 2023 dated 16.07.2023, registered for the offences punishable under Sections 341, 323, 504, 498(A) and 506/34 of the Indian Penal Code. 3. As per allegation, the petitioner along with co- accused, who is family members of the petitioner/husband, assaulted the informant/wife on 15.07.2023 at 10:00 O’clock. When she was sitting alone, all the accused including the petitioner came and started abusing and after confining her in a Patna High Court CR. MISC. No.10194 of 2025(2) dt.07-03-2025 2/3 room, she was assaulted by them by lathi. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is husband of the informant and there is no specific allegation against him for assaulting. He further submits that the specific allegation is against the co-accused/Anil Sah who has assaulted the informant/victim by lathi. He further submits that informant is habitual of lodging criminal case against the petitioner and his family members. He further submits that in the year 2023 informant has lodged criminal Complaint Case No. 3538 of 2023 for offences punishable under Sections 323, 341, 315, 307 and 498A of the Indian Penal Code and Sections ¾ of D.P. Act. He further submits that the police has not applied Section 307 IPC in the present case. 5. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon’ble Court for grant of Anticipatory Bail or Regular one. 6. It has also been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent. 7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for anticipatory bail Patna High Court CR. MISC. No.10194 of 2025(2) dt.07-03-2025 3/3 submitting that the allegation of the informant/wife is supported by the injury report as per which, as it transpires in the order dated 29.10.2024 passed by learned Court below, the informant/wife has suffered swelling and tenderness on occipital region besides multiple abrasion on her forearm. He further submits that from the criminal antecedent of the petitioner it also transpires that he has been subjecting his wife to cruelty even at earlier point of time, because the informant/wife has already filed complaint for offence punishable under Sections 323, 341, 315, 307 and 498A of IPC and Sections ¾ of D.P. Act. He further submits that the petitioner is husband and he is duty to protect his wife, not to torture her. 8. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on anticipatory bail. 9. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected. ravishankar/- (Jitendra Kumar, J.) U T