Rohan Sinha @ Rohan Kumar Sinha @ Choutu @ Chotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57098 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- ISHAKCHAK District- Bhagalpur ====================================================== ROHAN SINHA @ ROHAN KUMAR SINHA @ CHOUTU @ CHOTU Son of Bikku Sinha @ Ajay Kumar Sinha Resident of Mohalla- Shyamal Das Lane, P.S.- Ishakchak, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Kumar Jain For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Ishakchak P.S. Case No.72 of 2019 registered under Sections 341, 323, 504, 506, 447 and 307/34 of the Indian Penal Code.
The accusation is that the informant Veena Devi received call on her mobile number from 19.05.2019 to 25.05.2019 through Mobile Nos.6203447655, 7667858506 and 7549847644 and the callers of the aforesaid mobile numbers used to abuse her. Thereafter, the informant informed about the said incident to her neighbour Sanjay Kumar Yadav and when he made call on Mobile No.6203447655, then the person, who
Patna High Court CR. MISC. No.57098 of 2019(2) dt.09-09-2019 2/3 received the aforesaid call on that mobile number disclosed his name as Sunny Kumar. Thereafter, Sanjay Kumar Yadav asked him not to harass the informant. On 26.05.2019 at about 09.00 A.M., Sunny Kumar along with his friend Rohan Sinha alias Chotu (petitioner) and others came at the house of the informant and started to abuse her, giving threatening to kill. When the informant came out from her house, then they bent upon in assaulting her. When Sanjay Kumar Yadav rushed to save the informant, they started to commit "Maar-Peet" with him. In that course, this petitioner pelted bricks at the head of Sanjay Kumar Yadav causing blood oozing injury on his head.
Learned counsel for the petitioner submits that while the allegation against the petitioner has been made to cause head injury by pelting bricks to Sanjay Kumar Yadav but the injury, as found on his person, is simple in nature. In fact, the informant and the petitioner are next door neighbours and due to petty dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioner's side also sustained injury regarding which on the basis of the fardbeyan of Sunita Devi, the mother of the petitioner, Ishakchak P.S. Case No.73 of 2019 was also instituted against the prosecution party. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.57098 of 2019(2) dt.09-09-2019 3/3 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 each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Ishakchak P.S. Case No.72 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T