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Patna High CourtCR. MISC./34558/2015disposed

Police Singh v. The State Of Bihar

2015-09-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34558 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Police Singh son of Late Chharpan Singh resident of Village - Khilwat, Police Station - Bidupur, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Nayan Singh For the Opposite Party/s : Mr. Dr.Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,324,307,379 and 504/34 of the Indian Penal Code. The prosecution case is that the accused persons came to the door of the informant and started assaulting. The petitioner assaulted the informant on his head with Dab when other accused persons assaulted with lathi when informant's wife came to rescue she was also assaulted by the accused persons. It is further alleged that co accused Vikas Kumar Singh snatched gold chain from the neck of the informant's wife.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34558 of 2015 (2) dt.01-09-2015 2/2 petitioner that there is no accusation of repeating the blow hence the case does not come within the purview of section 307 IPC and the nature of injury described in the impugned order does not suggest that it has been found grievous. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over other accused persons have been granted bail.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Bidupur PS. Case No. 131 of 2015 pending in the court of learned CJM, Vaishali at Hajipur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T