Nand Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30841 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -THAWE District- GOPALGANJ ======================================================

1. Nand Lal Sah son of Late Bhagrasan Sah resident of Village- Bideshi Tola, P.S.- Thawe, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the own brother of the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 447/34 of the Indian Penal Code.

The prosecution case is that on 16.04.2016 the informant was in her house, when petitioner entered into the house and caused injury with knife on the hand and snatched gold chain and ear ring.

It is submitted by the learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. Only one abrasion of marginal sized single in nature has been found on the right wrist

Patna High Court Cr.Misc. No.30841 of 2016 (2) dt.03-08-2016 and in the opinion of the Doctor, injury has been caused by hard and blunt substance. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the nature of accusation and the injury being not corroborated with the medical opinion, moreover, for the occurrence of 16.04.2016 the First Information Report was registered on 18.04.2016, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 40 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T