DINESH PARWAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Chief Judicial Magistrate, Gopalganj disposed of the prayer for bail of O.P. No. 2 Rajesh Giri who surrendered before him in connection with Keteya P.S.case No. 92 of 2006 under Sections 307 etc. of the Indian Penal Code by rejecting prayer for bail. The O.P. No. 2 filed B. P. No. 963 of 2006 on the same day of rejection of his prayer by the learned Chief Judicial Magistrate, i.e. on 20-9-2006. The learned Sessions Judge, Gopalganj directed the petition to be put up before him on the same day, i.e. 20-9-2006 and after hearing the learned counsel for the petitioner and the Public Prosecutor directed the release of O.P. No. 2 on bail. The informant of the case, i.e. the petitioner Dinesh Parwat felt aggrieved by the above order and filed the present criminal miscellaneous petition with a prayer to cancel the order of bail passed by the learned Sessions Judge, Gopalganj.

(2.) The fact of the case was that in an occurrence dated 31-5-2006 all the accused persons came into the orchard situated in front of the house of the informant-petitioner Dinesh Parwat and started abusing him. The accused persons surrounded the petitioner and accused Rajendra Giri ordered to kill him upon which O.P. No. 2 Rajesh Giri dealt a farsa blow on the head of the petitioner with an intention to kill him whereby bleeding injury was caused to the petitioner. Accused Rajesh Giri and Brijesh Giri dealt lathi blow to the petitioner informant on his left and right hands and both the above noted accused i.e. Rakesh & Brijesh also assaulted Sunil Parwat the full brother of the informant and injured him. When the uncle of the petitioner informant came to rescue. Suresh Parwat was also assaulted with lathi by the accused persons and was injured badly. Accused Rajdeo Parwat assaulted Suresh Parwat on his head causing a wound. One Surendra Singh friend of the informant was also assaulted by Birendra Parwat.

(3.) The case registered under Sections 323, 324, 325, 307 etc. of the Indian Penal Code on 31-5-2006 and the investigation was taken up. Injury report in respect of injury found on the person of petitioner Dinesh Parat indicated that there were as many as six injuries in the form of an incised wound, two swellings and two contusions. Injury No. 1 which may be the resultant injury of the assault allegedly given by O. P. No. 2 to the petitioner informant was an incised wound measuring 2.1/2" x 1/4" x scalp deep on left frontal and occipital region of head bleeding profusely. The doctor recorded that the bleeding may be dangerous to life. In his final opinion the doctor reported the above noted injury to be simple in nature. The two contusions and two swellings were on different parts of hand of the informant petitioner and were simple in nature. However, the doctor reserved the opinion in respect of injury No. 2 and 4 and subsequently sent his final opinion dated 1-6-2006 according to which injury No. 2 a swelling on right clavicular region measuring 2" x 1" with abrasion measuring 1/2" x 1/2" was found to be grievous on account of the fracture of the right clavicular bone. Injury No. 4 was finally reported to be simple. O.P. No. 2 Rajesh Giri filed an anticipatory bail petition which was heard by the learned Sessions Judge vide anticipatory bail petition No. 281/06 and was rejected by his order dated 22-8-2006. While passing the order the learned Sessions Judge considered the allegation against O.P. No. 2 of dealing farsa blow on the head of the petitioner informant and the resultant injury which was simple in nature and, as such, by the operative final paragraph of his order directed the lower Court (i.e. the Chief Judicial Magistrate, Gopalganj) to "consider the nature of injury and the fact that the petitioner is a practising lawyer of this place while passing order of regular bail". Accordingly, O.P. No. 2 appeared, as indicated at the very outset, before the Chief Judicial Magistrate, Gopalganj on 20-9-2006 and made a prayer for being released on bail and that has rejected ultimately resulting into filing of B.P. No. 963 of 2006 on 20-9-2006 and as per order passed in that bail petition the O.P. No. 2 was released from custody. It may also be of some importance to note that after rejection order of the anticipatory bail petition No. 281 of 2006 O.P. No. 2 approached this Court through criminal miscellaneous petition No. 36949 of 2006 and that was withdrawn on 19-9-2006 whereafter the petitioner surrendered before the Chief Judicial Magistrate.