Harilal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53906 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -CHAUSA District- MADHEPURA ====================================================== Harilal Mandal, Son of Late Sahdeo Mandal, resident of Village- Nardhu Tola Basetha, P.S. Chousa, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Sri Panchanand Pandit, APP Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the Additional Public Prosecutor. The petitioner apprehends his arrest in connection with Chausa P.S. Case No.283 of 2017 registered under Sections 341, 323, 324, 307, 354, 380, 506/34 of the Indian Penal Code. From the order impugned, it is evident that save and except, Sajni Devi all others have sustained simple injury. Further more, from the order impugned, it is also apparent that both the parties are co-sharer and further, witness have only supported about altercation. However, case and counter case is there. The allegation against the petitioner is to have inflicted the dabia blow over head of father-in-law of informant, namely, Mahndra Mandal

Patna High Court Cr.Misc. No.53906 of 2018 (2) dt.13-09-2018 2/2 who had not sustained sharp cut injury as is evident from Annexure-2 which is as follows :- I exam Mahendra Mandal aged about 16 years son of Late Kuldeep Mandal at Dhanespur Parbata, P.S. Chousa, District Madhepura Er. No. 5584 dated 3.10.2012 time 2 P.M. M.I. Old Scar mar pt. form.

Discretion- Lacerated and as per Head Rt. Since 2 cm X 1/2 c.m. skeen deep skin 3 stich dec.

2) Leceratia wound between of index finger & middle

3) Oedu & Teach left shoulder Time of injury about 4 Cause of Injury Hard blunt object Pt's Ref. J.L.N.M.C. only & Hospital Bhagalpur for better treatment Opinion- All are reserved.

Sd./- III.

6.10.2017 In the aforesaid background, it happens to be a good case for the petitioner to surrender and pray for regular bail and during course of consideration of the prayer, learned lower Court is to consider the finding recorded so, hereinabove. In terms thereof, the instant petition is disposed of. (Aditya Kumar Trivedi, J) Sanjeev/- U T