Ramyash Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.10308 of 2017 (2) dt.15-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10308 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramyash Rai son of Late Narayan Rai resident of Village - Semra, P.S. - Chiraiya, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner, the learned counsel for the informant and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Chiraiya P.S Case No. 250 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioner with an intention to kill the son of the informant assaulted with iron rod on his head resulting he became injured and fell down and further became unconscious. The informant went there and brought him at Chiraiya hospital from where he was referred to Motihari Sadar Hospital and from there doctor referred him to Patna and then he was treated in Ramanand Hospital, Ramkrishna Nagar, Patna. Submission is of false implication and that there is

Patna High Court Cr.Misc. No.10308 of 2017 (2) dt.15-03-2017 case and counter case. The son of the petitioner has also received injury vide Annexure-4. The son of the informant has received cut injury which is not possible by iron rod and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that grievous injury has been found caused by blunt material.

In the facts and circumstances stated above, considering the allegations attributed against the petitioner, I am not inclined to grant privilege of pre-arrest to him and accordingly, his such prayer stands rejected in connection with Chiraiya P.S. Case No. 250 of 2016 pending in the Court of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran.

However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J) sushma/- U