Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53063 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== ARUN KUMAR Son of Ram Prasad Sah Resident of Village - Kumhrar, P.S.- Tariyani Chapra, District- Sheohar ... ... 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.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tariyani Chapra P.S. Case No.23 of 2019 registered under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that in the late evening of 08.05.2019, the wife and the daughter-in-law of the informant were talking to each other on some matter. At that time, Ram Prasad Sah, the brother of the informant, Arun Kumar, Vikash Kumar and Mina Devi came there and made intervention and started to abuse them. When Abhinay Kumar, the son of the informant, made protest, then all caused injury to him through

Patna High Court CR. MISC. No.53063 of 2019(2) dt.26-08-2019 2/3 fists and slaps and lahti and danda, whereas Ram Prasad pressed the neck of the son of the informant. When the informant entered into his house, then the petitioner caused injury on his head through spade (Kudal). When Chandni Kumari, the daughter of the informant, rushed to save the informant, then she was also assaulted by them and sustained injury. At that time, Ram Prasad took Rs.85000/- from the pocket of Kurta of the informant.

Learned counsel for the petitioner submits that the petitioner is the nephew of the informant and both used to reside in the same house. Due to petty dispute in between the parties, the informant gave his fardbeyan on 22.05.2019, on the basis of which the present F.I.R. was lodged on 06.06.2019, regarding the occurrence dated 08.05.2019. Further submission is that only one lacerated wound over the left parietal region of the informant was found, which would appear from Annexure-3 to this application. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.53063 of 2019(2) dt.26-08-2019 3/3 each to the satisfaction of the Additional Chief Judicial Magistrate, Sheohar, in connection with Tariyani Chapra P.S. Case No.23 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T