Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3901 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandan Kumar, son of Jai Mangal Prasad, resident of Village- Kaswa Tola, P.S.- Pipra Kothi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No. 132 of 2015, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, for demanding share in Sisam tree Jaymangal Prasad gave order to kill and started assaulting with lathi danda to the informant and when Sobha Devi the wife of the informant came for rescue, Chandan Kuamr (petitioner) assaulted her with Dab on her head which caused injury on forehead and then Shobha Devi fell down and became unconscious, in the meantime, Nainpati Devi took out silver chain and gold pin from the nose valuing Rs. 6,000/-.

Submission is of false implication and that there was

Patna High Court Cr.Misc. No.3901 of 2017 (2) dt.15-02-2017 2/2 free fight between the parties, there is case and counter case, Sobha Devi has received simple injury caused by hard and blunt object vide Annexure-2. The informant has also received simple injuries, there is no allegation against the petitioner for repeating the blow so no offence under Section 307 of the I.P.C. is made out and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that on forehead injury was caused which is on the vital part of the body.

In the facts and circumstances as stated above, considering that there is case and counter case and injury found on the person of Sobha Devi is simple in nature and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra Kothi P.S. Case No. 132 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T