Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5062 of 2021 Arising Out of PS. Case No.-318 Year-2020 Thana- AMNAUR District- Saran ====================================================== MADAN SINGH, Son of Late Musafir Singh Resident of At-Dawar Chhapra, P.S.-Amnour, District-Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard Mr. Yashraj Bardhan, learned advocate for the petitioner and Dr. Rajesh Kumar Singh, learned counsel for the informant. The State is represented by Mr. Ramchandra Singh, learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Amnour P. S. Case No. 318 of 2020, dated 31.08.2020, instituted for the offences under Sections 341, 323, 324, 325, 307, 50, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the grand daugther of the informant as a result of which she has received injuries.

2/4 The learned advocate for the petitioner has submitted that in the first instance when the victim was examined by the doctor, there could not be any assessment of the nature of injury and CT scan was prescribed. No report of the CT scan came forth and therefore the injury was opined to be simple in nature even though it was on the occipital region.

The learned advocate for the petitioner has further submitted that he himself is an elderly person of 60 years and has also drawn the attention of this Court to the counter version of the case lodged by him. In the aforesaid occurrence, he has also been injured. The learned advocate for the petitioner has submitted that from the reading of the subject F.I.R. and the counter version lodged by the petitioner, it would appear that a dispute arose because of the grandson of the informant having teased the daughter of the petitioner.

It appears that some occurrence might have

3/4 taken place between two families, leading to superficial injuries on persons of both sides but there does not appear to be any intention of causing any grievous injuries or of causing death to anyone of the parties to the dispute.

Regard being had to the fact that the petitioner also has received injuries and for which there is no explanation in the subject F.I.R. in which the petitioner is sought to be prosecuted and the background fact of the grandson of the informant having teased the daughter of the petitioner and an occurrence having taken place as a reaction to such action of the grandson of the informant, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

4/4 A.C.J.M. -IX, Saran at Chapra, in connection with Amnour P. S. Case No. 318 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T