IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17393 of 2008 KAMLESHWARI YADAV Versus THE STATE OF BIHAR ----------- 4/ 04.07.2008 Heard learned counsel for the petitioner and the learned Addl. P.P.appearing for the State. This is an application for grant of anticipatory in Complaint Case No. 873C of 2004 under Sections 447, 323, 379 & 307 of the Indian Penal Code. Learned counsel for the petitioner submitted that no ingredient of section 307 IPC is made out in this case. It is a simple case of assault as per the allegation. The place of occurrence belongs to the petitioner and his possession has been also found in a proceeding under Section 145 of the Cr.P.C. (Annexure-2).The facts are is that the complainant side of the case assaulted the accused persons and their family members and this, the petitioner has already filed a complaint case. Since, there is allegation of assault against the petitioner and there is counter case also, I do not feel inclined to grant anticipatory to the petitioner. His prayer for anticipatory is, therefore, rejected. He may surrender before the lower court concerned and pray for regular. In that event, the learned Judicial Magistrate concerned shall dispose of the bail application on merit without being in any manner prejudiced by this order. DKS/ (Rekha Kumari,J)