IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40304 of 2009 RAM BABU SINGH, son of Mahabir Singh, resident of village-Harsidhi Babu Tola, P.S.-Harsidhi, District-East Champaran. ……..Petitioner Versus The State Of Bihar ……..Opposite Party ----------- 03. 31.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a case registered under Sections 447, 307, 504 and 509 of the Indian Penal Code. It is alleged in the First Information Report that this petitioner was taking his tractor through the paddy crop of the informant and when she forbade the petitioner to take his tractor through the paddy crop then the informant was dashed by the petitioner through tractor as a result of which the informant received several injuries. It is submitted on behalf of the petitioner that though in the First Information Report the petitioner has been named as the sole accused whereas the informant got another fardbeyan recorded on the date of occurrence dated 16.07.2009 by S.I. Motihari P.S. at 8:15 P.M. to the effect that she was being dashed by one Lal Babu Singh and the said fardbeyan is incorporated in the case diary in para 30 which has not been controverted by learned A.P.P. - 2 - It is further submitted by the learned counsel for the petitioner that in para 48 the informant gave a subsequent statement where she alleged that the tractor was being driven by Lal Bahadur Singh instead of Lal Babu Singh as both are the brothers of the present petitioner. The contention of the informant as recorded in para 48 has been supported by the independent witnesses in para 49 of the case diary. Though in paragraph Nos. 7 and 8, witnesses have supported the version of the informant as recorded in the First Information Report whereas in paragraph Nos. 16 and 17 the witnesses have only saw the informant in the injured condition. It is further submitted by the learned counsel for the petitioner that the allegation of dashing is incorrect and the informant might have received injuries due to the negligent driving of someone but since in her three statements she changed the actual person who was driving the tractor, hence petitioner can not be said to be the driver of the tractor. In view of the three contradictory versions of the informant, I direct the petitioner above named to be released on bail, on surrender before the learned Court below within a period of 12 weeks, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial - 3 - Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 134 of 2009 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Dinesh Kumar Singh, J)