Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.163 of 2012 ====================================================== Sanjay Singh, S/O Raj Narayan Singh, R/O Village- Pithauri Takath, P.S- Baniapur, District- Saran. .... .... Petitioner Versus 1. The State of Bihar through the Director General of Police, Government of Bihar, Patna 2. Director General of Police, Bihar, Patna 3. Inspector General of Police, Tirhut Range, Muzaffarpur 4. Deputy Inspector General of Police, Saran. 5. The Superintendent of Police, Saran at Chapra 6. Deputy Superintendent of Police, Sadar Anchal, Chapra. 7. Police Inspector, Sadar Chapra 8. The Officer In Charge, Baniapur Police Station and P.O Baniapur, District- Saran. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-06-2012 Heard learned counsel for the petitioner and the State. The present writ application has been filed on behalf of the petitioner with a prayer for directing the respondents to apprehend the absconding accused of Baniapur P.S. Case No. 168 of 2009 registered under [STATUTE] as also to protect the petitioner and his family members against the atrocities being Patna High Court CR. WJC No.163 of 2012 (2) dt.20-06-2012 2 / 3 2 committed by the absconding accused of the aforesaid case as well as the convicts of the said case who have been released on bail in appeal. It is contended that on 14.10.2009 one Shambhu Singh along with his brother Nemi Singh, two sons and a nephew brutally assaulted the petitioner and his father with lethal weapons like Farsa, Dab and Lathi. The petitioner and his father were taken to referral hospital in seriously injured condition where the fardbeyan of the petitioner was recorded giving rise to Baniapur P.S. Case No. 168 of 2009. The police upon conclusion of investigation submitted charge sheet in the case against all the named accused persons. One of the accused namely, Nemi Singh absconded whereas the other accused persons faced trial and they were convicted by judgment and order dated 27th August, 2011 passed by the learned Ist Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 60 of 2010/02 of 2010 and Sessions Trial No. 537 of 2010/52 of 2010. Learned counsel for the petitioner submits that in spite of fact that the other co-accused persons who were sent up for trial have been convicted and sentenced, the absconded accused Nemi Singh has till date not surrendered before the court and is still absconding. The police is taking no steps for Patna High Court CR. WJC No.163 of 2012 (2) dt.20-06-2012 3 / 3 3 apprehending him. It is also contended that subsequently on 28.10.2011 the convicts and absconding accused Nemi Singh assaulted the petitioner for which an information was given to the police which information was entered into the station diary. The absconding accused is continuously giving threat to the petitioner and the petitioner feels danger of his life at the hands of the absconding accused Nemi Singh. Be that as it may, considering the facts and circumstances of the case, I direct the petitioner to file a representation before respondent no. 5, the Superintendent of Police, Saran at Chapra who shall personally look into the matter and ensure that S.H.O. /Officer-in-Charge of Baniapur Police Station takes all possible steps to apprehend the absconding accused of Baniapur P.S. Case No. 168 of 2009 and produce him before the court for the needful. With these observations, the writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 325

Statute Text:
Section 325 of the Indian Penal Code. Voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.