Kundan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3422 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -PALI District- JEHANABAD ======================================================
1. Kundan Yadav Son of Hanu Yadav
2. Lalo Yadav Son of Firangi Yadav
3. Dhiki Yadav Son of Khargu Yadav All are resident of village / Mohalla - Lalwan Bigha, P.S. Pali, District - Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324, 325, 307, 504 of the Indian Penal Code. The prosecution case is that co-accused Girijesh Yadav being son of the informant asked his father to execute sale deed and on his denial to execute the sale deed the petitioners along with other co-accused persons came variously armed when on the order of petitioner No. 1, all the accused persons assaulted with khanti to the informant causing injury on his head. It is specifically alleged that petitioner No. 3 assaulted with iron rod to the wife of the informant, whereas petitioner No. 2 assaulted with khanti on the hand of Ramni
Patna High Court Cr.Misc. No.3422 of 2016 (2) dt.21-01-2016 2/3 Yadav causing fracture injury.
It is submitted by learned counsel for the petitioners that there was dispute between the father and son and petitioners are not the family members of the informant but they have been roped in the present case since they are supporters of the son of the informant. There is counter version of the occurrence also. The impugned order reflects that informant and his wife has not received grievous injury, whereas Ramni Yadav has received grievous injury which was caused by petitioner No. 2 Lalo Yadav.
Let learned Court below consider the prayer for regular bail of petitioner No. 2 Lalo Yadav, if he surrenders within a period of six weeks in connection with Pali P.S. Case No. 43 of 2015, pending in the Court of learned Sub-Judge-III, cum-Additional Chief Judicial Magistrate, Jehanabad. With the observations above, the application with regard to petitioner No. 2 stands disposed of. So far as petitioner Nos. 1 and 3 are concerned, considering the aforesaid facts, let the petitioner Nos. 1 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-JudgeIII, cum-Additional Chief Judicial Magistrate, Jehanabad in
Patna High Court Cr.Misc. No.3422 of 2016 (2) dt.21-01-2016 3/3 connection with Pali P.S. Case No. 43 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T