Nathuni Purbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46178 of 2014 Arising Out of PS.Case No. -118 Year- 2014 Thana -PUPRI District- SITAMARHI ====================================================== Nathuni Purbey Son of Shasi Purbey Resident of village - Yadupatti Simri, P.S. Pupri, Distt. - Sitamarhi .... .... Petitioner/s

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor assisted by learned counsel for the informant.

Though, for an offence punishable under Section 307 IPC nature of injury happens to be immaterial but the conduct of the accused has to be seen whether he was carrying an intention or knowledge during course of commission of crime to kill. From the order impugned it is apparent that only one injury over the head of informant has been found measuring 1" x 1⁄4" as well as swelling of left hand all caused by hard and blunt substance rules out assault by means of farsa , sharp cut weapon and in likewise manner injured Samundari Devi has sustained 11⁄2" x 1⁄4", single injury without having repetition of blow and on account thereof petitioner is directed to surrender before the learned lower court with a prayer for bail which the learned lower court will favourably consider in light of discussion made above.

Patna High Court Cr.Misc. No.46178 of 2014 (2) dt.15-04-2015 With the aforesaid observation, instant petition is disposed of.

(Aditya Kumar Trivedi, J) PN/- U T