Janak Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57440 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== Janak Das, son of Late Shaukhi Das, R/o Village- Lagma, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the Opposite Party : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 172/2015 registered for offences punishable under Sections 341, 323, 324, 307, 379, 447, 504, 506/34 of the Indian Penal Code. As per the allegation, the petitioner has assaulted with farsa on the head of the informant, due to which, he became unconscious.

It is contended on behalf of the petitioner that there has been dispute between the parties and they are agnates and neighbours. It is further contended that in the

Patna High Court Cr.Misc. No.57440 of 2015 (3) dt.29-04-2016 2/3 year 2013, upon the objection of the petitioner, police party came who were assaulted by informant side for which Dumra PS case no. 83/ 2013 was registered against the informant side. According to the petitioner, the dispute is that the informant's son was constructing road passing through the raiyati land of the petitioner. It is also contended that there is case and counter case and infact the petitioner has also lodged a case earlier to the present case which was numbered as Dumra PS case no. 171/2015, the present being Dumra PS case no. 172/2015. It is further submitted that the injuries are superficial in nature as they are merely skin deep and scuffle took place due to the aforesaid dispute between the parties.

Lastly, it is urged that petitioner's antecedent is clean Having regard to the facts and circumstances of the case, let the petitioner, namely, Janak Das be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Dumra P.S. Case No. 172/2015, on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.57440 of 2015 (3) dt.29-04-2016 3/3 each to the satisfaction of Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J.) rinkee/- U