Patna High CourtCR. MISC./37611/2016disposed

Sk Minzan v. The State Of Bihar

2016-09-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37611 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk Minzan S/o SK Sofil Resident of Village- Bariya Kewala, P.S. Amdabad District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,504,307 and 379/34 of the Indian Penal Code.

The prosecution case is that on 22.3.2016 at 9 A.M. while the informant was fencing his homestead land, all the FIR named accused persons armed with lathi and sickle made protest and started assaulting the informant and when on alarm being raised, the nephew of the informant came to rescue then the petitioner assaulted with sickle on his head causing bleeding injury. The accused persons also demolished the fence of the informant and snatched silver chain.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.37611 of 2016 (2) dt.14-09-2016 2/2 that the accusation of assault has been levelled in the background of land dispute. There is counter version of the occurrence and Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

It is submitted by learned counsel for the informant that the petitioner has caused grievous injury whereas the injury of the petitioner side has been found to be simple in nature. In that view of the matter, let the learned court below consider the prayer for bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Amdabad P.S. Case No. 55 of 2016 pending in the court of learned C.J.M. Katihar.

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

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