Dhulo Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.40109 of 2018 (2) dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40109 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Dhulo Rai, Son of Late Jai Kishun Rai, Residence of Village- Samsipur Vishanpur, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2018 Heard both sides.

The petitioner apprehends his arrest in Bachhwara P.S. Case No.34 of 2018 registered under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The informant alleged that when he returned after taking feast along with his brother, he saw Jogi Rai, Dhulo Rai(the petitioner), Ram Naresh Rai, Ram Bilash Rai, Rabindra Rai and Thaggan Rai were assaulting his wife, Manju Devi and daughter, Rinku Kumari. When the informant intervened, Dhulo Rai, the petitioner is alleged to have given several blows with lathi on his head.

The learned counsel for the petitioner submits that informant alleged that the petitioner gave several blows of lathi on

Patna High Court Cr.Misc. No.40109 of 2018 (2) dt.12-07-2018 the head of the informant but from perusal of the injury report, it would appear that the informant got one lacerated wound on head by hard and blunt object. The injury opined to be simple in nature. The petitioner is the next door neighbour of the informant and on account of some dispute, some scuffle took place but the informant lodged the case refuting the actual version of the occurrence.

Considering the facts aforesaid and the fact that the informant got one injury on his head that too is simple in nature, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No.34 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T