Fekan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26436 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Fekan Sah, S/o Dularchand Sah, residents of Village- Mohini Mandal, P.S. Major Ganj, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Md . Ansarul Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,323,324,325,307,379,354 and 504 of the Indian Penal Code.

It is alleged against the petitioner that he assaulted the informant with lathi causing fracture injury on the right hand of the informant.

It is submitted by the learned counsel for the petitioner that the accusation of assault is on non-vital part of the body. It is further submitted that even assuming the accusation the case does not fall under the purview of section 307 IPC and there is counter version of the occurrence.

Patna High Court Cr.Misc. No.26436 of 2015 (2) dt.21-07-2015 2/2 The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Majorganj P.S. Case No. 109 of 2014 pending in the court of learned CJM, Sitamarhi.

This application is disposed of with the aforesaid observation/direction.

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