Dhruv Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34584 of 2015 Arising Out of PS.Case No. -476 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Dhruv Thakur S/o Late Sakal Thakur Resident of Village Balariya, P.S. Paharpur, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B of the Indian Penal Code.
The prosecution case is that the accused persons including the petitioner assaulted the father of the informant. The specific accusation of assault to the father of the informant is against co-accused Nagendra Thakur (non-petitioner). When Mukesh Tiwary, the brother of the informant came to rescue, then he was also assaulted by this petitioner with farsha. Subsequently, father of the informant succumbed to the injury.
Patna High Court Cr.Misc. No.34584 of 2015 (2) dt.25-08-2015 It is submitted by the learned counsel for the petitioner that the post-mortem report of the dead body of the father of the informant reflects only one lacerated injury of marginal size skin deep. The Doctor found the cause of death as chronic illness. Specific accusation of assault to the father of the informant is against co-accused Nagendra Thakur. It is submitted that the injury report of Mukesh Tiwary reflects simple and superficial in nature caused by hard and blunt substance. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 476 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T