Mintu Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.373 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Mintu Kumar Rajak Son of Upendra Rajak .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354, 307 and 34 of the Indian Penal Code.

It is alleged that the accused persons including the petitioner came to the house of the informant and on the order of co-accused Rambahadur Rajak, the petitioner assaulted the informant with iron rod causing injury on his head when mother of the informant came to rescue then she was also assaulted by the accused persons with 'lathi' and 'danda'. It is submitted by learned counsel for the petitioner that the injury report of the mother of the informant reflects one sharp cut injury on the left parietal region of the head and other

Patna High Court Cr.Misc. No.373 of 2016 (2) dt.07-01-2016 2/2 one is swelling on right parietal region of head. Though, both the injuries have been found to be simple in nature. It is submitted by learned counsel for the petitioner that it is specifically alleged that the petitioner assaulted with iron rod to the informant though one of the injuries have been found to be from sharp cutting weapon. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Though, a case was lodged by the petitioner's side also after 10 days of the alleged occurrence. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Madhepura (Parmanandpur) P.S. Case No.2/2015, pending before the learned CJM, Madhepura.

With the above observation, this application is, accordingly, disposed off.

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