Ramayan Rai @ Raj Narayan Rai @ Ram Narayan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38124 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -KOPA District- SARAN ====================================================== Ramayan Rai @ Raj Narayan Rai @ Ram Narayan Roy S/o Late Motichand Rai Resident of village- Rewari Ke Mathiya, P.S.- Kopa, District- Saran .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harish Kumar, Adv. For the Opposite Party/s : Sri Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends arrest in connection with Kopa P.S. Case No. 13 of 2017 registered for the offence(s) punishable under section(s) 341, 323, 324, 307, 504, 34 of the Indian Penal Code.
The informant has alleged that on 19.01.2017 at about 5:00 P.M. the petitioner installed a gumti on his passage and on her protest, this petitioner assaulted her by Farsa causing injury on her head.
The learned counsel for the petitioner submits that there is delay of one month in lodging this case and the injuries sustained by the informant are simple in nature and so, no offence
Patna High Court Cr.Misc. No.38124 of 2017 (2) dt.17-08-2017 2/2 under section 307 of the Indian Penal Code is made out. The learned Additional Public Prosecutor, on the other hand, opposed the submission.
On perusal of the FIR, I find that the Police Station situates at the distance of 4 KM., but the FIR has been lodged after one month of the day of occurrence. It further appears that the informant sustained one incised wound, which has been reported to be simple in nature and other injuries are abrasion and swelling. Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released 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 Judicial Magistrate 1st class, Saran at Chapra in connection with Kopa P.S. Case No. 13 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) Mahesh/- U T