Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18777 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -RAJAUN District- BANKA ====================================================== Niranjan Yadav Son of Chhathu Yadav Resident of Village-Jabra, P.S. Rajoun, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2017 Heard both sides.

The petitioner seeks bail in Rajoun P.S. Case No. 191/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that on 14.06.2016, she was going to work in her field situated near her house. In the meantime, the petitioner Niranjan Yadav, Jitendra Yadav, Nakul Yadav, Vikas Yadav @ Bikka Yadav, Fulo Yadav, Amrita Devi surrounded her. Niranjan Yadav asked her reason for not casting vote in favour of his wife Amrita Devi in panchayat election. Jitendra Yadav exhorted to kill, on such Niranjan Yadav the petitioner is alleged

to have assaulted the informant with spade on her head. Jitendra Yadav assaulted with Farsa on leg. Nakul Yadav assaulted with back portion of spade on left leg near knee. Vikas Yadav assaulted her with Garasa on right leg and left hand. Fulo Yadav assaulted her with fists and slaps.

Learned counsel for the petitioner submits that there is dispute with regard to panchayat election. As many as 05 injuries are found on the person of the informant. The informant got 01 lacerated wound over left occipital region. 3" X 1⁄4" X 1⁄4". The opinion with regard to all the injuries was kept reserved. The doctor found that the injury on head shows depressed fracture in parietal bone and the injuries opined to be grievous in nature. It is submitted that there is no repetition of blow and the petitioner is in jail since 19.12.2016. The petitioner has already remained in jail for five months.

Considering the facts aforesaid and the fact that of course, on account of assault made by the petitioner with spade on head of the informant one grievous injury was found on account of depression and fracture of parietal bone, but there is no repetition of blow and the petitioner has remained in jail for about five months, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bank in connection with Rajoun P.S. Case No. 191/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T