Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21010 of 2015 Arising Out of PS.Case No. -214 Year- 2013 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Raj Kishore Yadav

2. Bipin Yadav@Bipin kumar Both sons of Dilip Yadav Resident of Village Ramghat Koshakapur, P.s Narpatganj,District Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23060 of 2015 Arising Out of PS.Case No. -214 Year- 2013 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Raj Kumar Yadav, S/o Sri Agarjeet Yadav, resident of village- Ramghat Koskapur, P.S.-Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.21010 of 2015) For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) (In Cr.Misc. No.23060 of 2015) For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2015 Heard both sides.

Since both these bail applications arise out of one and the same P.S. case, they have been heard together and are being disposed of by this common order.

The petitioners seek bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.21010 of 2015 (4) dt.03-09-2015 The informant alleged that Agrajit Yadav and his sons were ploughing the land of his share. When the informant and his wife went to protest, Raju Yadav, Bipin Yadav @ Bipin Kumar, Raj Kishore Yadav, Sudama Devi, Mamta Devi, Rina Devi and others came there. Raj Kumar Yadav and Santosh Yadav are alleged to have caught the wife of the informant Sushila Devi and accused Pawan Yadav assaulted her with axe on her neck. Raju Yadav is also alleged to have assaulted the wife of the informant with spade.

It appears that no specific allegation of assault is made against the petitioners Raj Kishore Yadav and Bipin Yadav. Raj Kumar Yadav is only alleged to have caught Sushila Devi but he is not alleged to have assaulted her. Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, Judicial Magistrate, 1st Class, Araria in connection with Narpatganj P.S. Case No. 214 of 2013.

(Prabhat Kumar Jha, J) Amin/- U