Ganga Rai @ Surya Kant Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38069 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -DIGHWARA District- SARAN ======================================================
1. Ganga Rai @ Surya Kant Rai Son of late Kapildeo Rai Resident of village- Saidpur Dighwara, PS. Dighwara, District Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.
The petitioner apprehends his arrest in Dighwara P.S. case No. 71 of 2016 under Section 307 and other Sections of the Indian Penal Code.
The informant alleged that while she was fixing bamboo in her land, her co-sharer began to abuse her. The petitioner, Ganga Rai, is said to have assaulted the informant with iron rod on her head.
It is submitted that similarly situated other accused persons have already been granted anticipatory bail. The petitioner is said to have assaulted Mina Devi but the injuries are superficial in nature though opinion with regard to injuries was kept reserved for C.T. scan but even after receipt of the case diary the opinion
Patna High Court Cr.Misc. No.38069 of 2016 (5) dt.08-03-2017 2/2 has not been obtained. The injury report shows that the injuries are superficial and simple in nature. The occurrence took place on account of land dispute.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 the learned Additional Chief Judicial Magistrate-II, Saran at Chapra in Dighwara P.S. Case No. 71 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T