Uma Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64320 of 2018 Arising Out of PS. Case No.-266 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== Uma Prasad son of late Tipan Prasad, resident of village Dandihan, Police Station Koelwar, District Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 354A, 506, 307/34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioner assaulted the wife of the informant, due to which she sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the
Patna High Court Cr.Misc. No.64320 of 2018(2) dt.12-10-2018 2/2 I.P.C. is made out. Rest of the offences are triable by the Magistrate. There is civil dispute pending between the parties. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Koelwar P.S. case No.266 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T