IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11670 of 2010 KANHAIYA PRASAD GUPTA S/O LALO SAH, R/O MOHALLA BHAGWANPUR CHAKSHEIKH, LAHERIA BAZAR, P.S. DALSINGH SARAI, DALSINGHSARAI, DISTRICT- SAMASTIPUR. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 3 06.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with the case diary. Petitioner is named accused in this case carries allegation that by entering into house of the informant started misbehaving with his wife, during which when on alarm informant arrived he too was assaulted. No doubt, there are some cases between the parties running since before but in view of the nature of allegation, statement of wife of the informant recorded in the case diary and other supporting materials, this court is not inclined to grant the privilege. Accordingly, prayer is rejected. However, in case the petitioner surrenders, his prayer for regular bail shall be considered on its own merit 2 without being prejudiced of instant order, by the Court below, i.e., Additional Chief Judicial Magistrate, Dalsingsarai, in connection with Dalsingsarai P.S. Case no. 240 of 2009. (Akhilesh Chandra, J.) AAhmad