Niraj Kumar @ Niraj Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.3822 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3822 of 2017 Arising Out of PS.Case No. -38 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Niraj Kumar @ Niraj Sahani, son of Ravindra Chaudhari, resident of village- Bairiadih, P.S. - Harsidhi, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Harsidhi P.S. Case No. 38 of 2016, registered under Sections 341, 342, 343, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that this petitioner and one Suraj Kumar were cutting Sisam tree situated in the field of informant. When the informant made protest then Suraj Kumar gave farsa blow at the head of informant. When wife of the informant, Tara Devi, rushed to save him then this petitioner caused injury at her head through iron rod. At that time, Meena Devi, Bedami Devi and Amrish Kumar abused and assaulted with fist and slaps. In the

Patna High Court Cr.Misc. No.3822 of 2017 (2) dt.14-02-2017 meantime, Amrish Kumar also took gold chain from the neck of wife of informant.

Learned counsel for the petitioner submits that specific allegation against the petitioner is to cause injury through iron road at the head of the informant but three injuries were found on the person of the informant, out of which, injury nos. 1 and 2 were incised wound, which were simple in nature whereas injury no. 3 left upper lateral incisor caused by hard and blunt object, which was grievous in nature. It is further submitted that petitioner has no criminal antecedent and is in custody since 20.10.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 7th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 38 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T