Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44587 of 2024 Arising Out of PS. Case No.-1239 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Dinesh Kumar Son Of Yogendra Prasad Village- Jagdishpur, P.S.-G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 387, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assaulting the father of the informant i.e. deceased is against Rahul, who is alleged to have assaulted him by spade, causing injury on head, leading to death during the course of treatment in the hospital, after 12 days of the occurrence. It is next submitted that as far as this petitioner is concerned, he is alleged to have assaulted by sword, on account of which, finger of the feet got cut. The learned counsel submits that from perusal of the postmortem

Patna High Court CR. MISC. No.44587 of 2024(2) dt.29-07-2024 2/2 report, it would manifest that the injury on the toe is in the nature of abrasion and same has been caused by hard and blunt substance, as such, the allegation that petitioner assaulted the father of the informant by sword is belied by the postmortem report. It is also submitted that petitioner will not abscond rather will co-operate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No.1239/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T