Patna High Court - Orders
Niraj Kumar @ Dabbu vs The State Of Bihar on 7 May, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16640 of 2012
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Niraj Kumar @ Dabbu
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 07-05-2012Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427 and 504/34 of the Indian Penal Code.
It is alleged against Sonu, Moni and Raju to have assaulted the informant with danda and rod when Anil took Rs. 550/-, Vishal and Sunil assaulted with rod on the head of the brother of the informant. It is alleged against the petitioner to have snatched the wrist watch.
It is submitted by learned counsel for the petitioner on the eve of Durga Puja the occurrence took place when 15 persons were named in the FIR and in fact no substantial injury was caused to any one.
The contention of the learned counsel for the petitioners substantiated from the injury report which reflects that for the occurrence of 05.10.2011 the informant and his brother were Patna High Court Cr.Misc. No.16640 of 2012 (2) dt.07-05-2012 2/2 examined by a private doctor on 09.10.2011 when the private doctor referred them to Sadar Hospital or to Sri Krishna Medical College and Hospital. It is further submitted that the informant and his brother never went to the Sadar Hospita. The delayed medical examination of the informant and his brother clouds the bona fide of the accusation.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 234 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/-