Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76783 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== PRAMOD KUMAR Son of Late Umeshwar Thakur @ Parmeshwar Thakur Resident of Village - Kanhara Hardas, P.S. Bochahan, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Bochaha (Bochacha) P. S. Case No. 315 of 2019 dated 01.09.2019 instituted for the offences under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

For a land dispute, the wife of the informant was assaulted by the accused persons including the petitioner. However, the petitioner is alleged to have given the first blow by saw-file which hit the wife of the informant in her ear.

Patna High Court CR. MISC. No.76783 of 2019(2) dt.11-12-2019 2/3 Learned counsel for the petitioner has submitted that the accusation does not appear to be correct in as much as from the own showing of the informant, who is the husband of the victim, after the victim suffered injuries, she was taken to Primary Health Centre and thereafter to SKMCH, Muzaffarpur. From SKMCH, Muzaffarpur, the patient was shifted to PMCH but instead of going to PMCH, the family chose to hospitalize the victim in the private clinic of a local doctor at Muzaffarpur.

The statement of the victim has not yet been recorded.

Apart from this, there is no injury report on record.

In this background of land dispute and allegation against all the accused persons of having assaulted the wife of the informant, leaving the informant unscathed, there appears to be something more than what meets the eye.

Patna High Court CR. MISC. No.76783 of 2019(2) dt.11-12-2019 3/3 The petitioner has clean antecedents and is in custody since 01.09.2019.

Considering the afore-stated facts, this petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge 15th cum A.C.J.M., Muzaffarpur in connection with Bochaha (Bochacha) P. S. Case No. 315 of 2019. (Ashutosh Kumar, J) skm/- U