Dinesh Rai @ Dinesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74949 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== Dinesh Rai @ Dinesh Ray, Son of Late Bikau Rai, Resident of Village - Muraul, P.S. - Bajpatti, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Jha, Advocate.
For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bajpatti P.S. Case No. 208 of 2019, registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 21.06.2019, informant, Prince Singh, was returning to his house boarding on motorcycle from village Murol. When he reached near the house of Lal Ji then petitioner along with three unknown asked to stop the motorcycle and started to abuse saying to not interfere in his matter, otherwise he will be killed. Thereafter, petitioner with intention to kill him gave knife blow at the left side of his head
Patna High Court CR. MISC. No.74949 of 2019(4) dt.23-09-2020 2/3 and again petitioner caused injury at his left forearm through knife and also snatched gold chain worth of Rs.1,70,000/-. On raising alarm, neighbourers reached there and took him at Sadar Hospital, Sitamarhi, in unconscious condition. Learned counsel for the petitioner submits that, in fact, in the evening of 17.06.2019, informant, Prince Singh and others were assaulting to Nawal Kishore Bhandari then petitioner tried to rescue but all started to abuse and assault him, regarding which, petitioner lodged Bajpatti P.S. Case No. 198 of 2019 on 19.06.2019 for the offence punishable under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code against the informant and others due to that reason, informant lodged the present case with false allegation. Moreover, out of three injuries as found on the person of the informant, two injuries are simple in nature and other injury, which is said to be incised over the left arm size 1" X 1⁄2" muscle deep, regarding which, opinion is kept reserved.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.74949 of 2019(4) dt.23-09-2020 3/3 amount each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi, in connection with Bajpatti P.S. Case No. 208 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T