Hari Ram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47758 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== HARI RAM DAS Son of Maya Nand Ram Das Resident of Village - Haripur, ward No.02, P.S.- Forbesganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2019 The petitioner apprehends his arrest in connection with Forbesganj P.S.Case No. 225 of 2019 registered under Sections 307, 323, 341, 354, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with other accused persons assaulted the informant and her husband and specific allegation against the petitioner is that he assaulted on the head of the informant by means of Dabia. Learned counsel for the petitioner submits that both parties belong to same village and the dispute between them is pertaining to land of the temple. He further submits that from perusal of injury report of the informant, which is annexed as Annexure-2, it would be evident that injury caused to the informant is simple in nature by hard blunt substance whereas allegation of assault in the FIR by the petitioner is by means of

Patna High Court CR. MISC. No.47758 of 2019(2) dt.31-07-2019 2/2 sharp cutting weapons. Accordingly, submission is that allegation is not corroborated by the medical evidence. After having heard learned counsel for the parties and taking into consideration the fact that injury caused to the informant is simple in nature caused by hard blunt substance whereas allegation of assault on her head by sharp cutting weapon, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Forbesganj P.S.Case No. 225 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T