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Patna High CourtCR. MISC./33952/2016allowed

Sitaram Ray v. The State Of Bihar

2016-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33952 of 2016 Arising Out of PS.Case No. -313 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sitaram Ray son of Late Baksari Ray, resident of Village- Garhahiya, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The Petitioner apprehends his arrest in Madhuban P.S. Case No.313 of 2015 under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that the daughters of the petitioner plucked maize crops from his field. Wife of the informant caught them and brought them to Darwaza of the petitioner to lodge complaint on which the petitioner became angry and assaulted the informant and his wife. It is submitted that the injuries are simple in nature and no offence under Section 307 I.P.C. is made out.

The learned Additional P.P. has not disputed the fact

Patna High Court Cr.Misc. No.33952 of 2016 (4) dt.05-10-2016 2/2 and also admitted that the injuries found on the person of the informant and his wife are superficial and simple in nature. Considering the facts aforesaid, petitioner above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on anticipatory bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban P.S. Case No.313 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) N.H./- U T