Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60352 of 2018 Arising Out of PS. Case No.-400 Year-2018 Thana- SONEPUR District- Saran ====================================================== Umesh Rai, Son of Sri Mathura Rai, Resident of Village- Kalyanpur, Police Station- Sonpur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 504, 341, 323, 324, 307 & 379 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant with her husband was going to Barbatta, in the way, the accused persons surrounded and started hurling abuses. On protest, the accused persons caused injury to informant and others. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out.

Patna High Court Cr.Misc. No.60352 of 2018(3) dt.22-11-2018 2/2 Allegation is that the victim was assaulted with knife but the injury report indicates that the injury has been caused by Lathi. Hence, the allegation made in the FIR is not corroborated by the medical evidence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra, in connection with Sonpur P.S. Case No. 400 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T