Kishori Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21477 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

Kishori Yadav S/O Kulu Yadav R/o Village- Etwa, P.S.- Sono, DistrictJamui 2.

Anil Yadav S/o Kulu Yadav R/o village- Etwa, P.S.- Sono, District- Jamui 3.

Kulu Yadav S/o Rameshwar Yadav R/o village- Etwa, P.S.- Sono, DistrictJamui 4.

Pintu Yadav S/o Gano Yadav R/o village- Kasot, P.S.- Charkapathar (Sono), District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-05-2022 Heard Mr. Pankaj Kumar Sinha, learned advocate for the petitioners and learned Additional Public Prosecutor representing the State.

The learned counsel for the petitioners submits that due to inadvertence, the name of petitioner no.4 in the petition has been wrongly typed as "Pinti Yadav" in place of "Pintu Yadav".

In view of the submission made above, let the name of the petitioner no.4 be read as "Pintu Yadav" in place of "Pinti Yadav".

The petitioners seek bail in anticipation of their arrest

Patna High Court CR. MISC. No.21477 of 2021(2) dt.13-05-2022 2/3 in connection with Sono P.S. Case No. 16 of 2020 (G.R. No. 200 of 2020) dated 21.01.2020 instituted for the offences under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

The petitioner nos. 1 and 2 are the younger brothers of the husband of the Informant whereas petitioner no.3 & 4 are the father-in-law and brother in law of the Informant respectively.

The petitioners are alleged to have assaulted the Informant because of a petty dispute.

The learned counsel for the petitioners has submitted that from a bare reading of the F.I.R., it would appear that over a dispute of spilling water in the common passage, an occurrence took place in which the Informant may have fallen down. As a result of such fall, she has received a lacerated would on her parietal region, which has been reported to have been caused by hard and blunt substance.

The nature of injury has not been assessed, awaiting the further medial investigation.

However, the learned counsel for the petitioner has submitted that the genesis of the occurrence and the background facts would indicate that the accusation was hurled in the heat of

Patna High Court CR. MISC. No.21477 of 2021(2) dt.13-05-2022 3/3 the moment because of dispute between the members of the same family.

Regard being had to the nature of accusation and the possibility of the injury having been caused because of fall of the Informant and the relationship of the parties, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Jamui in connection with Sono P.S. Case No. 16 of 2020 (G.R. No. 200 of 2020), subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T