Motil Lal Yadav @ Moti Lal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.20478 of 2017 (2) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20478 of 2017 Arising Out of PS.Case No. -361 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Motil Lal Yadav @ Moti Lal Yadav Son of late Sri Prasad Yadav Resident of Village- Hari Nagar Saraiya , P.S. Madhepura (Parmanandpur O.P), District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2017 Heard both sides.

The petitioner seeks bail in Madhepura (Parmanandpur) P.S. Case No. 361/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that while he was working in his field along with his wife, the petitioner and other accused persons namely, Lalita Devi, Suratlal Yadav and Mithilesh Yadav came having armed with different weapons, Moti Lal Yadav assaulted the wife of the informant with Farsa on her head. Lalita Devi assaulted the daughter of the informant with lathi. Mithilesh Yadav assaulted Ramlakhan Yadav with axe on his head. Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.20478 of 2017 (2) dt.03-05-2017 no repetition of blow. On account of land dispute there is counter version being Madhepura (Parmanandpur O.P.) P.S. Case No. 365/2016. The injury of Meena Devi wife of the informant is annexed as annexure-3. The doctor opined the injury to be simple in nature. One lacerated wound on right frontal head in size 1 1/2 X 1⁄4 caused by hard and blunt substance. Another bruise and swelling of both eyelids, but the doctor who examined Meena Devi in private hospital opined the injury to be grievous in nature. Considering the facts aforesaid and the fact that there is civil dispute between the parties and the petitioner is in jail since 25.01.

2017 and the petitioner has already remained in jail for more than 03 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, Madhepura in connection with Madhepura (Parmanandpur O.P) P.S. Case No. 361/2016. (Prabhat Kumar Jha, J.)