Patna High CourtCR. MISC./3534/2016disposed

Sandeep Yadav @ Sandeep Kumar Yadav v. The State Of Bihar

2016-01-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3534 of 2016 Arising Out of PS.Case No. -297 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Sandeep Yadav @ Sandeep Kumar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

The prosecution case is that the petitioner and his father Swami Nath being the nephew and brother-in-law(bhaisur) of the informant asked about getting their share of land ploughed and thereafter they abused and made assault with fists and slaps to the informant. It is alleged against the petitioner that he caused injury with sickle on the cheek of the informant.

It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled. Though, one incise injury has been found on the upper part of the face but the opinion for the same has been kept

Patna High Court Cr.Misc. No.3534 of 2016 (2) dt.22-01-2016 2/2 reserved. It is further submitted that there is no accusation of repeating blow, hence it cannot be said that the case comes within the purview of Section 307 of the IPC. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Siwan Muffasil P.S. Case No. 297 of 2015 pending in the court of learned CJM, Siwan. Accordingly, the application is disposed of.

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