ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER prays for cancellation of bail to opposite parties 2, 3 and 4, namely, Ram Pravesh Singh, Dhananjay singh and Rajia Singh allowed to them by the Chief Judicial Magistrate, Aurangabad under order dated 12-4-2007 passed in Obra p. S. Case No. 16 of 2007 lodged for offences under Sections 307/34, 324, 323, 341 of the Penal Code.

(2.) INFORMANT who is petitioner before this court had instituted the aforesaid PS case on 7-3-2007 alleging that a dispute arose with opposite party No. 2 for burning Holika which was opposed by the petitioner. Thereafter opposite party No. 2 Ram Pravesh singh went back to his house and returned armed with his brothers/opposite party Nos. 3 and 4 at the place of Holika Dahan and they started assaulting the petitioner with farsa and lathi. Ram Parvesh Singh was instigating them to attack. The informant who is petitioner here became unconscious, whereafter the opposite parties fled away thinking him to be dead. The petitioner was taken to the Bose Clinic at Dehri On Sone where he gave statement on 7-3-2007 on regaining consciousness.

(3.) LEARNED counsel for the petitioner submits that on account of a dispute over putting fire in Holika Dahan an altercation took place with opposite party No. 2, whereafter opposite party No. 3, namely, dhananjay Singh assaulted him with Farsa on his head and Rajia Singh assaulted him with lathi causing serious head injuries with fracture for which he remained hospitalized from 3-3-2007 to 21-3-2007 and when his condition did not improve he was brought to Dr. A. K. Agrawal, Head of the Department, Neurosurgery, pmch, Patna where CT scan was done which indicated that petitioner got " (1) depressed fracture of the Top parietal bone close to midline indurating the adjacent cerebral cortex of both sides, (2)Thin layer of right frontal epidural collection", injuries as mentioned in his medical examination report. It is further submitted that the injury also had the effect on eyesight of the petitioner for which he had to rush to the Shankar Netralaya (Eye Hospital), chennai in a quick succession. Learned counsel also submits that after investigation police submitted charge-sheet under section 307 of the Penal Code and the Court also took cognizance of the offence under the same section.