Ram Yadav @ Ram Sundar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2794 of 2019 Arising Out of PS. Case No.-317 Year-2015 Thana- SUPAUL District- Supaul ======================================================

1. Ram Yadav @ Ram Sundar Yadav son of Late Bhaiyalal Yadav

2. Shravan Yadav @ Shravan Kumar Yadav son of Ram Yadav @ Ram Sundar Yadav Both are resident of village-Nagar Parishad, Kharail Malhad Punarwas Ward No.-01, P.S.+District-Supaul ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2019 Heard both sides.

The petitioners apprehend their arrest in Supaul P.S. Case No.317 of 2015 registered under Sections 341, 323, 324, 354, 504, 506 and 34 of the Indian Penal Code. The informant in sum and substance alleged that due to flowing of waste water, some altercation took place and the accused persons came and assaulted the informant. Shiv Kumar Yadav, one of the accused is alleged to have assaulted the informant with stick of spade causing injury on her head. The petitioners, Ram Yadav and Shravan Yadav are alleged to have untied her cloths and assaulted her on her private part. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.2794 of 2019(2) dt.22-01-2019 2/2 there is a counter version being Supaul P.S. Case No.318 of 2015. Both sides entered into mutual scuffle on account of dispute with regard to flowing of waste water. The informant got simple injury on her head. No other injury was found on any part of the body of the informant.

Considering the aforesaid facts and the fact that there is a case and counter case and both sides appeared to have entered into scuffle, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.317 of 2015(G.R. No.1233 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T