IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16110 of 2010 BINDESHWAR SAH Versus THE STATE OF BIHAR ----------- 3/ 21.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. Admittedly something happened in the case. According to the petitioner, children were quarrelling in which other family members also joined and received injuries. By filing complaint, allegation is levelled against the petitioner’s family members and specifically, he has been alleged for blowing garasa on the head of the informant. Injury Report is there showing the injury grievous which is doubted on the ground that the same is obtained from Navinagar Primary Health Centre where informant was never treated, for that averment made in the complaint petition is taken that this informant went to Police Station fromwhere he was referred to Aurangabad but investigation goes to show that informant was treated at Varanasi. Prior to that if he was treated at Aurangabad, it was in knowledge of the Hospital. Earlier to that what happened was not known to Varanasi Hospital. Both the parties belong to Navinagar Police 2 Station where Primary Health Center is also there. Informant was in need of getting better treatment up to Varanasi is beyond imagination that immediately he should not have gone for primary aid. Only missing of averment may never help this petitioner rather there is clear allegation about blowing garasa on the head. Injury Report is relevant only for nature of injury otherwise there was injury on head is clear that petitioner had gone to Varanasi for treatment and not only approached rather admitted there for days. Why immediately complaint or F.I.R. was not lodged may never doubt the allegation specifically in case when there is injury on the head and its treatment up to Varanasi. Accordingly, prayer of the petitioner is rejected. Shail ( Mandhata Singh, J.)