Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25850 of 2016 Arising Out of PS.Case No. -217 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Rahul Kumar S/o Lallan Yadav @ Yogesh Kumar resident of Village - Gangjala, Ward No. 16, P.S. - Saharsa, District - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhaskar Shankar, Advocate.

For the Opposite Party : Ms. Anusuiya Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioner apprehends his arrest in Saharsa Sadar P.S. Case No. 217 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that while Dipak Kumar brother of the informant was going, the petitioner and others abused him when the informant protested the petitioner is alleged to have assaulted the informant Atiranjan Kumar with iron rod on his head. Other 8-10 unknown persons have also assaulted the informant with hockey sticks.

It is submitted that there is a counter version being Saharsa Sadar P.S. Case No. 233 of 2016. Smt. Rekha Devi alleged that the petitioners were eve teasing her daughter and for

Patna High Court Cr.Misc. No.25850 of 2016 (3) dt.19-09-2016 2/2 that some altercation took place. The petitioners are alleged to have assaulted the son of informant Smt. Rekha Devi. It is further submitted that the injury is simple in nature. Only two injuries are found on the person of Atiranjan Kumar the informant. The injury report contained in paragraph-20 of the case diary shows that the injuries are simple in nature, although opinion with regard to injury no. 2 is kept reserved but till date the same has not been submitted. The case is compromised.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the 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 Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. Case No. 217 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T