Niranjan Kumar@ Niranjan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69189 of 2018 Arising Out of PS. Case No.-81 Year-2017 Thana- BARHAT District- Jamui ====================================================== Niranjan Kumar @ Niranjan Kumar Das, S/O Dilip Ravidas, R/VSudamapur, P.S. Barhat, District-Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Sinha, Advocate.

For the Opposite Party :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 354, 307, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that on 11.10.2017 the informant Sarita Devi was at her home. Her calf went at the door of co-accused Dilip Ravidas and when she went ahead after catching her calf, co-accused Dilip Ravidas caught hold her from back and thrown on the ground and also abused. On protest, he started pressing her both chests. On hulla, her mother-in-law, daughter and son came to save her, in the meantime, Niranjan Kumar (petitioner), co-accused Suresh Ravidas and Chameli Devi came variously armed Iron rod. Co-

Patna High Court Cr.Misc. No.69189 of 2018(2) dt.30-11-2018 2/3 accused Dilip Ravidas assaulted with Iron rod causing head injury. Co-accused Suresh Ravidas also assaulted with Iron rod on informant's daughter causing head injury and she fell down. Niranjan Ravidas assaulted with Lathi to mother-in-law of the informant as a result of which, she sustained injuries. Coaccused Chameli Devi assaulted with Danda to the son of the informant causing finger injury. Co-accused Dilip Ravidas gave threatening to kill all of them and took gold chain from the neck of the informant. Co-accused Chameli Devi took Silver chain from the neck of mother-in-law of the informant. Anyhow, she was saved by her brother-in-law(Bhaisur) Mantu Ravidas and his wife.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Nature of injury is said to be simple. No offence under Section 307 of the IPC. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been 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 or surrender

Patna High Court Cr.Misc. No.69189 of 2018(2) dt.30-11-2018 3/3 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 the learned J.M. Ist Class, Jamui or his successor, in connection with Barhat P. S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T