Dukhharan Rai @ Dukhran Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53950 of 2022 Arising Out of PS. Case No.-379 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== DUKHHARAN RAI @ DUKHRAN RAI Son of Late Chethru Rai Resident of village - Goglak Tole, P.S.- Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-02-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Nanpur P.S. Case No. 379 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506, 504 of the Indian Penal Code.

As per allegation, the petitioner, along with two coaccused persons assaulted Ram Narayan Rai with farsa on his head.

The learned counsel for the petitioner has submitted that, as a matter of fact, the members of prosecution side had assaulted the members of petitioner's side and prior to the present case, the case on behalf of the petitioner's side was lodged. In retaliation thereof, this case has been lodged.

Patna High Court CR. MISC. No.53950 of 2022(2) dt.01-02-2023 2/2 On the other hand, the learned counsel for the informant has submitted that though the nature of injury of Ram Narayan Rai has not been mentioned, but it is on vital part. There is case and counter case. Both the parties have sustained injuries. The injury report shows that neither any opinion in this respect has been given nor it is reserved. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 379 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Nirmal U T