Ramesh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7059 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -KAKO District- JEHANABAD ======================================================
1. Ramesh Kumar Chaudhary, son of late Nahak Chaudhary, resident of Village - Madarpur, P.S. - Kako, District - Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-03-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Kako P.S. Case No.182 of 2016 instituted for the offence under Section(s) 341, 323, 307, 379, 504/34 Indian Penal Code and Section 3⁄4 of Prevention of Witch Practices Act.
It has been submitted on behalf of the petitioner that the instant case has been filed as a counter blast to Jehanabad SC/ST P.S. Case No.33 of 2016 filed by the petitioner against the informant of this case and others for brutally assaulting his sister, Rekha Devi, mother and brother. Sister of this petitioner was seriously injured and her CT Scan was also done. It has further been submitted that as per written report itself occurrence took place on 09.11.2016, but the case was registered on 15.11.2016. In the meantime, on 12.11.2016, prior to registration of case,
Patna High Court Cr.Misc. No.7059 of 2017 (3) dt.17-03-2017 2/2 injury report was prepared, which will be apparent from the case diary.
Case diary has been received in this case. Injury report is mentioned in para 27 of the case diary from which it appears that Injury Report has been prepared on 12.11.2016 prior to registration of this case on 15.11.2016. From perusal of the injury report, it appears that one lacerated wound of 11⁄2" x 1⁄2" was found on the head caused by hard and blunt substance and the opinion was kept reserved. It further appears from the injury report that there is no repetition of blow and there is case and counter case as mentioned above.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kako P.S. Case No.182 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T