Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17614 of 2016 Arising Out of PS.Case No. -213 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Pawan Yadav @ Pawan Kumar Yadav, Son of Lutan Yadav Resident of village- Beltand, P.S.- Jhajha, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar, For the Opposite Party/s : Mr. D.P.Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with JhaJha P.S. Case No. 213 of 2014, registered under Sections 341, 323, 324, 354, 379, 307, 504/34 of the Indian Penal Code. The accusation is that the petitioner along with five others named in the F.I.R. entered in the house of the informant and started abusing asking about the informant, when Champa Devi, wife of the informant told that he is not available in the house, then Pawan Yadav (petitioner) lay down the wife of the informant on earth and caused injury through farsa thrice causing injury on the head, when Binni Kumari, daughter of the informant, rushed to save her, then Bela Devi and Dewanti Devi pushed her and started assaulting. In the meantime, Lutan Yadav

Patna High Court Cr.Misc. No.17614 of 2016 (2) dt.28-04-2016 2/2 gave iron rod blow on the head of Binni Kumari in which she sustained injury.

Learned counsel for the petitioner submits that, in fact, due to dispute of the way, occurrence took place in which Pinki Kumar, sister of the petitioner and petitioner also sustain injury regarding which JhaJha P.S. Case No. 238 of 2014 was instituted on the basis of informant given by the petitioner. Moreover, only three injuries found on the person of the Champa Devi, wife of the informant out of which two injuries are simple in nature, whereas Injury No.2 is grievous in nature. The petitioner having no criminal antecedent is in custody since 01.03.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in connection with JhaJha P.S. Case No. 213 of 2014.

(Rajendra Kumar Mishra, J) manish/- U T