Ram Kishun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58396 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -MARAUNA District- SUPAUL ====================================================== Ram Kishun Yadav, son of Dahaur Yadav, resident of village- Mauvahi, P.S.- Marauna, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate For the State : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Marauna P.S. Case No.39 of 2017 registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that though there is allegation that the petitioner repeatedly assaulted the informant with Farsa, the injuries caused to the informant are superficial in nature. He submitted that the injuries would itself reflect that there was no intent to kill and, hence, ingredients of offence punishable under Section 307 of the Indian Penal Code would not be attracted.

On the other hand, learned counsel for the State and

Patna High Court Cr.Misc. No.58396 of 2017 (2) dt.12-12-2017 2/2 learned counsel for the informant have opposed the prayer for grant of pre-arrest bail to the petitioner. They submitted that the petitioner repeatedly assaulted the informant with Farsa and the medical report fully corroborates the allegations made in the FIR. I have heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the prayer for grant of pre-arrest bail of the petitioner is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T