Avinash Kumar @ Dabloo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33086 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== AVINASH KUMAR @ DABLOO KUMAR, aged about 27 years, Son of Sri Jai Bishan Mistry @ Jai Bishun Sharma, Resident of Village-Kurthaul, Dariyapur, P.S.- Parsa Bazar, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Kamlesh Kishore, Advocate.
For the Opposite Party :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
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, 354(B), 307 and 504/34 of the I.P.C.
The prosecution story, in brief, is that on 17.12.2019 the informant was in her house, in the meantime, her villagers Dabloo Kumar and Jaivishan Mistri entered her house and started teasing her. On protest, they assaulted her with bat of the Bamboo causing head and hand injuries. When her mother-inlaw came to rescue her, she was also assaulted by them. On hulla, nearby people came then they fled away. The injured were
Patna High Court CR. MISC. No.33086 of 2020(2) dt.22-02-2021 2/2 admitted in P.M.C.H. for their treatment.
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 I.P.C. is made out in the present case. Due to petty dispute, the alleged occurrence is said to have taken place.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna, in connection with Parsa Bazar P.S. Case No. 08 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T