Patna High CourtCR. MISC./38808/2014bail granted

Kali Yadav And ANR v. The State Of Bihar

2015-01-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38808 of 2014 Arising Out of PS.Case No. -80 Year- 2013 Thana -VIJAYPUR District- GOPALGANJ ====================================================== 1.Kali Yadav Son of Narsingh Yadav 2.Devendra Yadav son of Kali Yadav, Both residents of village - Majuwalia P.S. Bijaypur in the Distt - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Jha For the Opposite Party/s : Mrs. Renu Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are in custody since 27.6.2014 and 30.6.2014 respectively in connection with Bijaypur P.S. Case No.80/13 registered for the offence under Section 302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the entire occurrence was sequel to spontaneous outburst occasioned on account of carrying wood from a mango orchard. It is further submitted that the family members of the informant and the petitioners are related to each other and they had no pre-meditation so as to attract the provisions of Section 302/34 of the I.P.C. It is further submitted that the attack on the person of the deceased was also not pre- meditated and there had been

Patna High Court Cr.Misc. No.38808 of 2014 (2) dt.07-01-2015 2/2 no use of any weapon rather there was assault using fists and slaps which resulted in the death of Bikram Yadav. It is further submitted that considering the fact that there was no mensrea attached to the occurrence of assault the petitioners being an old man may be extended the privilege of bail.

Considering the aforementioned submissions and also the fact that the petitioners are family members and the occurrence arose out of a sudden outburst, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in Bijaypur P.S. Case No.80 of 2013.

(Anjana Mishra,J) Anilkr.sinha U T