Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50840 of 2015 Arising Out of PS.Case No. -178 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Sudhir Kumar, S/o Kedar Ram, Resident of Digha Pokharpar ,P.S. Digha, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 07-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Digha P.S. Case No.178 of 2015 registered under Sections 341, 323, 325, 308, 504 and 506/34 of the Indian Penal Code. The allegation of the informant, Binod Paswan, is that on 16.06.2015 at about 08.00 P.M, he alongwith his brother, Bijendra and nephews, Munna and Rahul, was returning back to his house after doing the work of labourers. When they reached near the house of the co-accused, Kedar Ram, then Kedar Ram, Sudhir Kumar (petitioner) and Bhalku Kumar started to abuse them and when they made protest, then the petitioner assaulted his nephews

Patna High Court Cr.Misc. No.50840 of 2015 (3) dt.07-12-2015 2/3 and brother with iron rod causing head injury on their heads. Thereafter, the other co-accused, Diwan Kumar, Sunny Kumar and Raj Kumari Devi came out of their house and all of them assaulted them with bricks and Phatta of bamboo by abusing and giving threatening to them and caused head injury on the heads of Munna, Rahul and Bijendra.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there is a case and counter case in between the parties in which the petitioner also sustained injuries regarding which Digha P.S. Case No.179 of 2015 was instituted under Sections 341, 323, 325, 504 and 506/34 of the Indian Penal Code on the basis of the information given by the co-accused, Kedar Ram, the father of the petitioner. It is also submitted that while there is allegation against the petitioner that he caused injury to Rahul, Munna and Bijendra Paswan with iron rod on their heads but the injuries sustained by them are simple in nature. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mohd. Inam Khan, Judicial Magistrate, First Class, Patna, in connection

Patna High Court Cr.Misc. No.50840 of 2015 (3) dt.07-12-2015 3/3 with Digha P.S. Case no.178 of 2015, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Rajendra Kumar Mishra, J) P.S./- U T