Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10187 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- DESARI District- Vaishali ====================================================== Umesh Ray S/o Late Harakh Ray, Resident of Kharagpur, P.S-Deshri (Chandpur O.P.), Distt.-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2019 Heard both sides.

The petitioner apprehends his arrest in Desari P.S. Case No.302 of 2018 registered under Sections 341, 323, 325, 379, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleged that Lalmuni Devi was burning waste material, on such, Baby Devi (wife of the informant) protested. It is alleged that only on account of such protest Sajeevan Rai, Umesh Rai and other accused persons assaulted the informant and other family members of the informant. The petitioner is alleged to have assaulted Babulal Rai (brother of the informant) on his head with the butt of the pistol. Learned counsel for the petitioner submits that there is no material or injury report on the record to show that Babulal Rai got any injury on his head on account of assault made by the

Patna High Court Cr.Misc. No.10187 of 2019(2) dt.20-02-2019 2/2 petitioner. It is further submitted that the case is compromised between the parties.

Taking into consideration the facts and the nature of allegation against the petitioner and the fact as submitted by learned counsel for the petitioner that Babulal Rai got no injury on his head, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Desari P.S. Case No.302 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U