Patna High CourtCR. MISC./16051/2015bail granted

Abhishek Kumar v. The State Of Bihar

2015-04-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16051 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -DESARI District- VAISHALI (HAJIPUR) ====================================================== Abhishek Kumar S/o Late Arun Singh R/o Village- Sahadai, Khurd, P.sDeshri (Sahdai O.P), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. S. Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.

The petitioner apprehends his arrest bail in a case under Section 307 and other sections of the Indian Penal Code. The informant named seven persons in the F.I.R. and alleged that they all came having armed with different weapons and the petitioner Abhishek Kumar is alleged to have assaulted Pankaj Singh, the husband of the informant, with sword on his head. The informant further alleged that she was also assaulted by the petitioner. Submission is that the occurrence took place on 07.05.2014 but the F.I.R. was lodged on 10.05.2014. Prior to the present case, Rajendra Singh had lodged Desari P.S. Case No. 107/2014 against the husband of the informant and others. The petitioner also received injury. It is submitted that the case from the side of the petitioner was lodged on 08.05.2014 but the

Patna High Court Cr.Misc. No.16051 of 2015 (2) dt.29-04-2015 2/2 informant of the present case gave Fardbeyan after three days of the occurrence, i.e. on 10.05.2014. The injuries found on the persons of Pankaj Singh and the informant are simple in nature, caused by hard and blunt substances and not by any sharp-edged weapon.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Pandey, Judicial Magistrate 1st Class, Hajipur, Vaishali in Desari (Sahdai O.P.) P.S. Case No. 108 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) Dilip/- U T