Rajendra Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46292 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -MADHEPUR District- MADHUBANI ====================================================== Rajendra Choupal son of Bindey Choupal resident of Matures Punarbas, P.S. Madhepur, District Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2017 Heard both sides.

The petitioner apprehends his arrest in Madhepur P.S. Case No. 29/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that Nitu Kumari daughter of Rajendra Choupal (petitioner) was keeping dung in his field and when the informant objected, Rajendra Choupal (petitioner) and his family members came and assaulted the informant. Petitioner assaulted the informant with Kuttikatta (sharp-edged weapon) and there was injury on his head, blood started oozing from the head, mouth and nose of the informant.

Learned counsel for the petitioner submits that the occurrence took place on 24.03.2016, but the F.I.R. was lodged on

Patna High Court Cr.Misc. No.46292 of 2016 (3) dt.10-01-2017 2/2 04.04.2016 i.e. after ten days of the occurrence. There is counter version. Petitioner filed complaint case no. 194/2016. The informant was treated in a private hospital. The doctor found four injuries out of which three injuries are simple in nature caused by hard and blunt substance. One injury is opined to be grievous in nature, but the same is caused by hard and blunt substance. Petitioner is alleged to have assaulted with sharp-edged weapon. Considering the facts aforesaid and the fact that it was the petitioner who assaulted the informant with a weapon meant for cutting grass causing grievous injury on his head, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T