Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51770 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- DULHIN BAZAR District- Patna ====================================================== Raushan Kumar S/o Sri Kamlesh Singh, R/o Vill.- Dumri, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324 and 302/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant with iron rod on her head, due to which she sustained injuries. When her Devar came to save her, they also assaulted him with iron rod and khanti, due to which he succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. The petitioner is

Patna High Court Cr.Misc. No.51770 of 2018(2) dt.01-10-2018 2/2 alleged to have caused injury upon the informant. Said injury is simple in nature as per Annexure 3 to the present application. There is no injury caused by the petitioner upon the deceased. P.O. is the house of the accused persons. Both sides have sustained injuries. Injuries on the part of the accused persons have not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the 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 A.C.J.M., Danapur in connection with Dulhin Bazar P.S. case No.30 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T