IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16110 of 2010
BINDESHWAR SAH
Versus
THE STATE OF BIHAR
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3/ 21.07.2010 Heard learned counsel for the petitioner and
learned counsel for the State.
Admittedly something happened in the case.
According to the petitioner, children were quarrelling
in which other family members also joined and
received injuries. By filing complaint, allegation is
levelled against the petitioner’s family members and
specifically, he has been alleged for blowing garasa on
the head of the informant. Injury Report is there
showing the injury grievous which is doubted on the
ground that the same is obtained from Navinagar
Primary Health Centre where informant was never
treated, for that averment made in the complaint
petition is taken that this informant went to Police
Station fromwhere he was referred to Aurangabad but
investigation goes to show that informant was treated
at Varanasi. Prior to that if he was treated at
Aurangabad, it was in knowledge of the Hospital.
Earlier to that what happened was not known to
Varanasi Hospital.
Both the parties belong to Navinagar Police
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Station where Primary Health Center is also there.
Informant was in need of getting better treatment up
to Varanasi is beyond imagination that immediately he
should not have gone for primary aid. Only missing of
averment may never help this petitioner rather there is
clear allegation about blowing garasa on the head.
Injury Report is relevant only for nature of injury
otherwise there was injury on head is clear that
petitioner had gone to Varanasi for treatment and not
only approached rather admitted there for days. Why
immediately complaint or F.I.R. was not lodged may
never doubt the allegation specifically in case when
there is injury on the head and its treatment up to
Varanasi.
Accordingly, prayer of the petitioner is
rejected.
Shail ( Mandhata Singh, J.)