High Court Patna High Court - Orders

Prem Kumar vs The State Of Bihar on 26 March, 2011

Patna High Court – Orders
Prem Kumar vs The State Of Bihar on 26 March, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.42562 of 2010
           Prem Kumar Son of Sri Bhagwan Sah Resident of village Sheetalpur,
           Kothi, Police Station Dariyapur, District Saran
                                   Versus
                          THE STATE OF BIHAR
                                  -----------

02/ 26.03.2011 Heard learned counsel for the petitioner and

the State.

Petitioner is apprehending his arrest in

connection with a case registered for the offence under

Section 307 and other allied Sections of the Indian

Penal Code. It is submitted on his behalf that the

allegation set out in the First Information Report

disclosed that petitioner assaulted the informant with

farsa on his head, but no such injury has been found by

the doctor and such fact is evident from paragraph 26

of the case diary on the basis of which instructions

have been issued in paragraph 29 of the case diary to

delete Section 307 of the Indian Penal Code from the

First Information Report.

Let the petitioner above named surrender in

the court below within four weeks from the date of

receipt of a copy of this order in the court below and if

the submissions noted above is found correct then he be
2

admitted to the privilege of bail on furnishing bail bond

of ` 5,000/- (` five thousand only) with two sureties of

the like amount each to the satisfaction of the Chief

Judicial Magistrate, Saran at Chapra in connection with

Dariyapur P.S. Case No. 64 of 2010, subject to the

conditions as laid down under Section 438(2) Cr.P.C.

Arjun/                                    ( V. N. Sinha, J.)