Patna High CourtCR. MISC./37867/2016dismissed

Murari Kumar Yadav @ Rajeev Kumar @ Murari Yadav v. The State Of Bihar

2016-10-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37867 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -BHAWANIPUR District- PURNIA ====================================================== Murari Kumar Yadav @ Rajeev Kumar @ Murari Yadav Son of late Kumod Yadav Resident of Village- Madhav Nagar, P.S Bhawaniur, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-10-2016 Heard both sides.

The petitioner apprehends his arrest in Bhawanipur P.S. Case No. 63/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. There is specific allegation that the petitioner assaulted the son of the informant Akash Kumar with bamboo on his head. Learned counsel for the petitioner submits that the occurrence took place on 02.04.2016, but the F.I.R. was lodged on 11.04.2016. It is submitted that no injury report was brought on record, but from perusal of the case diary it appears that there is specific allegation that the petitioner assaulted the son of the informant with bamboo on his head. The injured was taken to

Patna High Court Cr.Misc. No.37867 of 2016 (3) dt.27-10-2016 2/2 Primary Health Centre, Bhawanipur who referred the patient to Sadar Hospital, Purnia. The doctor found swelling injury on the head of the injured. The informant stated that his son was operated and he was still fighting for his life in the clinic of Dr. Vijay Choudhary, but the Investigating Officer did not take care to collect the injury report of the injured from the hospital. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T