Raghvendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76041 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== Raghvendra Das, S/o Late Mohan Das, resident of Village- Rayppur Jagarnath P.S. Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323,307,354,379 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 09.08.2018 submitted by Rajkumri Devi to the Station House Officer, Bajpatti Police Station to the effect that on the same day, at 3.00 P.M., the informant was talking to her family members in the courtyard, in the meantime, the accused persons variously armed came and asked her to compromise in Bajpatti P.S. Case No. 88/2018. On protest being made, the petitioner assaulted with a 'farsa' on the head of the informant, when other accused persons assaulted the family members of

Patna High Court Cr.Misc. No.76041 of 2018(2) dt.16-01-2019 2/3 the informant. It is also alleged that the accused persons took away the jewellary and a mobile phone of the informant. It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled. There is no accusation against the petitioner of repeating the blow and the injury has been found simple which gets reflected from the impugned order. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation of assault in the FIR.

Considering the accusation being levelled in the background of litigated relationship between the parties, there being no accusation against the petitioner of repeating the blow, the injury being found simple in nature, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri, in connection with

Patna High Court Cr.Misc. No.76041 of 2018(2) dt.16-01-2019 3/3 Bajpatti P.S. Case No.227/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T