Jagdish Yadav And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.11039 of 2016 (2) dt.25-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11039 of 2016 Arising Out of PS.Case No. -267 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================
1. Jagdish Yadav S/o Late Rewa Yadav
2. Bira Yadav S/o Chamari Yadav, both are R/o village- Brahmoriya, P.S.- Dobhi, Dist.- Gaya .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party : Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Sherghati (Dobhi) P.S. Case No. 267 of 2015 for the offences instituted under Sections 341, 447, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
As per prosecution case, the informant was sitting on her darwaja, in the meantime, all the accused persons arrived there and abused her by saying the word 'Dyne' and also assaulted the informant with tangi as a result of which the informant sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have
Patna High Court Cr.Misc. No.11039 of 2016 (2) dt.25-04-2016 falsely been implicated in the present case. From perusal of the impugned order, it appears that the nature of injuries are simple, hence no offence under Section 307 of the IPC is made out. As far as the Dyne Act is concerned, the same is not attracted in the present case.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sherghat (Dobhi) P.S. Case No. 267 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sherghati at Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T