Satyadeo Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15059 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================

1. Satyadeo Yadav Son of Late Mishri Lal Yadav

2. Ashok Yadav Son of Bishundeo Yadav

3. Pramod Yadav Son of Satyadeo Yadav All resident of village - Mahua, Police Station and District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 324, 307, 504 and 506 of the Indian Penal Code. It is alleged that the accused persons including the petitioners assaulted the husband, son and other family members of the informant. The specific accusation against the petitioner Satyadeo Yadav is of assaulting with Gupti (sharp cutting weapon) to Krishna Kumar causing injury on the lower part of the abdomen whereas the petitioner Ashok Yadav assaulted the husband of the informant with Gupti causing injury on the lower

Patna High Court Cr.Misc. No.15059 of 2015 (2) dt.13-05-2015 2/3 part of the abdomen.

It is submitted by learned counsel for the petitioners that no injury either to Krishna Kumar or the husband of the informant on the lower part of the abdomen caused by sharp cutting weapon has been found by the doctor. The only grievous injury of the husband of the informant is dislocation of left upper forearm. There is no specific accusation of assault against petitioner no.3, though, there is general accusation of making assault is with lathi. There is counter version of the occurrence also. The petitioners are the agnate of the informant. It is submitted by learned counsel for the informant that four persons received injuries and one injury was found to be grievous and there is accusation that all the accused persons assaulted with lathi. Moreover, bail application of co-accused has been rejected vide Cr. Misc. No. 11893 of 2015. Since the specific accusation against the petitioners is not being corroborated by the medical opinion and there is counter version of the occurrence also, it is a fit case for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Supaul P.S. Case No. 285 of 2014.

Patna High Court Cr.Misc. No.15059 of 2015 (2) dt.13-05-2015 3/3 Accordingly, the application is disposed of.

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