Sita Ram Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.44478 of 2015 (5) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44478 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -PARIHAR District- SITAMARHI ======================================================

1. Sita Ram Rai S/o Budhan Rai Resident of Village - Sahjayli, P.S. - Parihar, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner, Informant and learned counsel for the State.

The case diary of the present case was called for, which has since been received.

The petitioner apprehends their his arrest in connection with Parihar P.S. Case No. 62 of 2015 registered for the offences punishable under Sections 147, 148, 341, 323, 448, 324, 504, 506 and 307 of the Indian Penal Code.

Learned counsel for the petitioner submits that the dispute arose on account of grazing of leaves of Gular by the shegoat of the informant. It is further submitted that only on account of such trivial incident, the incident took place. It is further submitted that the injury has been found to be simple in nature,

Patna High Court Cr.Misc. No.44478 of 2015 (5) dt.22-04-2016 Learned counsel for the informant fairly submits that so far as petitioner is concerned, the allegation against him is of attacking one Upendra Rai but he is said to have been attacked by others also and the injuries which have been found on his person, are simple in nature.

Learned counsel for the State submits that there is no cogent material, save and except, what has been stated in the prosecution case to implicate the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Sitamarhi in connection with Parihar P.S. Case No. 62 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T