IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5568 of 2009 RAJ KUMAR SINGH @ MUNNA SINGH, SON OF SRI RAMASHISH SINGH, R/V GHATAIYA, P.S. KUDRA, DISTRICT KAIMUR-------PETITIOENR. Versus THE STATE OF BIHAR-----OPP. PARTY. ----------- 02. 10.07.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 323, 448, 353, 385 and 307 of the Penal Code. He is named in the First Information Report and is alleged to have pressed the neck of the informant with his towel. The occurrence is said to have been witnessed by Sarita Kumari and Kumari Sandhya, the Assistant Teachers of the school and Rajendra Kumar and Lagna Devi. Counsel submits that during investigation neither any injury on the person of the informant was noticed by the doctor nor any of the four witnesses named in the First Information Report have confirmed the occurrence. Let the petitioner surrender in the court below within four weeks from today and apply for regular bail which should be considered in the light of the injury report and the statement of the four witness named in the First Information Report. In the event, prosecution story is not supported either by the injury report or the statement of the witnesses then the petitioner Raj Kumar Singh @ Munna Singh be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 43 of 2008, - 2 - subject to the conditions as laid down under Section 438(2) Cr.P.C. Until such consideration no coercive steps be taken against the petitioner. It is, however, made clear that if prosecution story is supported by the injury report and the statement of the witnesses even partially then appropriate order in accordance with law be passed. Rajesh/ (V.N.Sinha, J.)