LAWS(PAT)-2019-7-198

OM PRAKASH Vs. STATE OF BIHAR

Decided On July 16, 2019
OM PRAKASH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have challenged in this application under Section 482 Cr.P.C., the order of cognizance dated 05.08.2014 passed in Complaint Case No.3649 of 2013 whereby the learned Judicial Magistrate-1st Class, Saran at Chapra has taken cognizance against the petitioners for offences under Sections 323, 504/34 I.P.C.

(3.) The background of the complaint case aforesaid is that petitioner No.1- Om Prakash, the officer-in-Charge of Sonepur Police Station, lodged the report with the learned Chief Judicial Magistrate, Chapra on 19.11.2013, stating therein that alongwith the police party including petitioner No.3-Neeraj Kumar Paswan and others, the informant was on patrolling duty. He found that one Sheo Shankar Sharma and Pankaj Kumar, after consuming liquor, were indulged in abuse to the people generally at the hotel of this complainant named as "Sankat Mochan Bhojnalay". The customers taking food thereat were panic. Hence, the police took both Sheo Shankar Sharma and Pankaj Kumar into custody and also took the complainant of this case to the police station for enquiry. At the police station, the complainant was allowed to go after execution of P.R. Bond after certain queries made by the police, whereas two others were granted bail by the police after their medical examination. P.R. Bond executed by the complainant is at page-22 and P.R. Bond of others is at Page-23 and 24. The medical report of all the three person including the complainant is also attached at Annexure-3. The Doctor had not found any external injury on the person of the complainant of this case nor there is any mention of any internal injury in the injury report.