Patna High CourtCR. MISC./2630/2016disposed

Rama Shankar Yadav @ Rama Yadav And ANR v. The State Of Bihar

2016-01-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2630 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rama Shankar Yadav @ Rama Yadav S/o Mukhlal Yadav

2. Nandu Yadav Son of Mukhlal Yadav Both are resident of village Jai Singhpur, P.S. - Sikta, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,323 and 504/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that for a dispute with regard to sharing water from the hand pump the petitioners assaulted the informant with lathi causing injury on the head. It is submitted by the learned counsel for the petitioners that for the occurrence of 17.9.2015 at 5 P.M. the FIR

Patna High Court Cr.Misc. No.2630 of 2016 (2) dt.18-01-2016 2/2 was registered on 18.9.2015 at 5.30 P.M. and in the background of land dispute the accusation has been levelled. There is counter version of the occurrence.

It is submitted by learned counsel for the informant that the occurrence took place in public view though there is no explanation for delayed lodging of the case.

Considering the genesis of the occurrence, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Sikta P.S. Case No. 91 of 2015 pending in the court of learned CJM, Bettiah, West Champaran. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T