Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23988 of 2012 ====================================================== Avinash Kumar @ Munna Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-07-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is that the husband of the complainant was dragged by the accused persons on pistol point when assault was made with the butt of the rifle and gun and he sustained injuries. The gun shot was caused on the temporal region also and the dead body was kept in the house of one Ranjit. It is submitted by learned counsel for the petitioner that police submitted final form and subsequently final form was accepted, but on Patna High Court Cr.Misc. No.23988 of 2012 (2) dt.27-07-2012 2/3 protest cognizance has been taken in the matter. It is further submitted that Rajeev Kumar Singh has been granted anticipatory bail vide Cr. Misc. No. 39311 of 2011. It is submitted by learned counsel for the complainant that anticipatory bail of the father of petitioner and Divesh Prasad Singh was rejected by this Court vide Cr. Misc. No. 26000 of 2010 when the Apex Court has also rejected the anticipatory bail of the father of petitioner and Divesh Prasad Singh vide SLP (Crl) No. 8697 of 2010. Considering the fact that other accused Dinesh Prasad Singh has been granted regular bail vide Cr. Misc. No. 43396 of 2010, I see no reason for learned court below not to give same privilege to the petitioner if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 26(C) of 2006 pending in the court of learned Sub-divisional Judicial Magistrate, Sheikhpura. Patna High Court Cr.Misc. No.23988 of 2012 (2) dt.27-07-2012 3/3 With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, J.) . .

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.