Tarni Yadav @ Tarani Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10247 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- BHAGWANPUR District- Begusarai ======================================================
1. Tarni Yadav @ Tarani Yadav, (Male 72 Years), Son of Late Bhukhal Yadav.
2. Bipin Kumar Yadav (Male 22 Years), Son of Late Bhuneshwar Yadav.
3. Kamlesh Kumar (Male 19 Years), S/O Late Bhuneshwar Yadav.
4. Nisha Devi (Female 25 Years), Wife of Mukesh Yadav, R/o vill.- Chhatrai Tol, P.S.- Bhagawanpur (Teyai O.P.) Dist.- Begusarai. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Shubhesh Pandey, Advocate.
For the Opposite Party :
Mr.Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 504/34 of the IPC. Later on, the police has found the case also under Section 308 of the IPC.
The prosecution story, in brief, is that on 09.04.2018, there was a Panchayati in the house of the informant concerning house and land. She said that her husband is not available so the Panchayati should be held in presence of her husband. Upon this, petitioners started throwing the cooking wood and on objection, petitioners abused and assaulted her with Iron rod on
Patna High Court Cr.Misc. No.10247 of 2019(2) dt.21-02-2019 2/2 the head resulting she sustained head injury. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Nature of injuries are said to be simple. No offence under Section 308 of the IPC. Rests of the offences are triable by the Magistrate.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Begusarai, in connection with Bhagwanpur (Tehari O.P.) P.S. Case No. 60 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T