Umesh Singh @ Umesh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3105 of 2020 Arising Out of PS. Case No.-177 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== Umesh Singh @ Umesh Kumar Kushwaha, aged about 50 years, Male, S/o Nagendra Singh, R/o village- Bodha Chhapar, P.S.- Gopalpur, DistrictGopalanj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Phulwaria P.S. Case No. 177 of 2019 @ Fulwaria P.S. Case No.177 of 2019 (GR No.2893 of 2019) registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354 and 34 of the Indian Penal Code.

Prosecution case, in brief, is that on the alleged date and time of occurrence, ptitioner along with co-accused Sarita Devi having armed with iron rod, Farsa and Phattha were taking the balcony out of the land of informant Bikram Singh to which his daughter-in-law made protest of it, accused Ramesh Singh assaulted her with Sabbal (iron rod) on the head as a result of which, sh sustaining head injury fell down on the ground. On alarm, when the wife of informant Uma Devi rushed to rescue

Patna High Court CR. MISC. No.3105 of 2020(2) dt.28-02-2020 2/2 her, Umesh Singh with iron rod and Sarita Kumari with Phattha assaulted her with hurling abuse.

Learned counsel for the petitioner submits that in fact, both the parties are Pattidars and there is land dispute between the parties. Learned counsel for the petitioner further submits that the opinion of the doctor shows that the injury is simple in nature. He further submits that the petitioner is son-in-law of the family.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIII, Gopalganj in connection with Phulwaria P.S. Case No.177 of 2019 @ Fulwaria P.S. Case No.177 of 2019 (GR No.2893 of 2019), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T