Dharmendra Yadav @ Dharo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8122 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Dharmendra Yadav @ Dharo Yadav S/o Brahmdev Yadav R/o - Mohanpur, P.S - Chandradeep, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the State :

Mr.Narendra Kumar Singh For the informant :

Mr. Prakash Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chandradeep Police Station Case No. 188 of 2024, dated 04.10.2024, disclosing offences punishable under Sections 126(2)/115(2)/118(1)/109/74/303(2)/329(4)/324 (4)/351(2)/352/3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that the petitioner is said to have entered into the house of the informant and assaulted her by means of iron-rod on her head.

4. Learned Counsel for the petitioner submits that both the parties are close door neighbour and there was quarrel

Patna High Court CR. MISC. No.8122 of 2025(3) dt.13-05-2025 2/3 between them due to the fact that the she-goat of the petitioner entered into the house of the informant and ate some eatables. The injury caused to the informant is simple in nature, as opined by the doctor.

5. On the other hand, learned Counsel for the informant opposes the prayer for bail and submits that the petitioner entered into the house of the informant when no male member of the house was present, dragged the informant and her daughters outside the house and assaulted the informant by iron-rod on her head. Referring to the C.T. Scan report, learned Counsel submits that there is fracture of left parietal hone, which cannot be said to be simple in nature.

6. Learned Additional Public Prosecutor, referring to the case diary, submits that the injury caused to the informant is simple in nature, as opined by the doctor.

7. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both parties are neighbour, the occurrence has taken place on trivial issue and the injury sustained by the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.8122 of 2025(3) dt.13-05-2025 3/3

8. This application is, accordingly, allowed.

9. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Jamui, in connection with Chandradeep Police Station Case No. 188 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √