Pavan Kumar @ Pawan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1586 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1586 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Pavan Kumar @ Pawan Kumar S/o Lal Babu Bhagat R/o Village Kutubpur Brahmasthan, P.S. Bidupur, Distt. Vaishali. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 195 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 308, 354, 379, 504, 506 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused after abusing came at the door of the informant and started assaulting the informant, the petitioner gave knife blow which hit on her head, co-accused Lal Babu Bhagat after catching hair threw her down, resulting she became necked and started assaulting with lathi and when daughter Seema Kumari came to rescue her, co-accused Mahbatia Devi assaulted with sickle causing cut injury on her hand and when the informant fell down Usha Devi snatched gold chain and Gajendra Bhagat assaulted with lathi danda.

Patna High Court Cr.Misc. No.1586 of 2017 (2) dt.18-01-2017 Submission is of false implication and that no sharp cut injury was found on the person of the informant, all the injuries are simple in nature caused by hard and blunt object, only abrasion and pain has been found, the daughter of the informant has also received simple injury caused by hard blunt object and as such the petitioner deserves sympathetic consideration. Learned APP fairly submits that from injury report, vide annexure-2, the injuries have been found simple in nature caused by hard blunt object.

In the facts and circumstances stated above, considering the injury report, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 195 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T