Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15258 of 2020 Arising Out of PS. Case No.-179 Year-2014 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ram Kumar Yadav, Male, aged about 41 years, S/o Devu Yadav, R/o VillageNarkatiya, P.S.- Kusheshwar Asthan, Distt- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasudeo Ram For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2020 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Kusheshwar Asthan P.S. Case No.179 of 2014, registered under Sections 341, 147, 148, 149, 323, 324, 308, 379, 385, 354, 504 and 506 of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that they having armed with different weapons came. Devu Yadav demanded extortion of Rs.50,000/-. On the order of Sikandar Yadav, the accused persons assaulted her with fists slaps and lathi. Ranjan Kumari, the grand-daughter of the informant came to save her but Ram Kumar assaulted her with farsa on her head. When Chandula Devi, the daughter-in-law of the informant came, she was also assaulted and her ornaments were snatched and Sikandar Yadav showed a pistol and threatened the informant. Learned counsel for the petitioner submits that the petitioner is innocent and he has in fact committed no offence. There is counter version being Kusheshwar Asthan P.S. Case

Patna High Court CR. MISC. No.15258 of 2020(3) dt.11-09-2020 2/2 No.188 of 2014. On account of land dispute between the two sides, a proceeding under Section 107 Cr.P.C. was going on. No case under Sections 308 and 354 of the Indian Penal Code is made out. Other co-accused persons have been granted anticipatory bail by the learned Sessions Judge vide order passed in A.B.P. No.1574 of 2018, but from perusal of the FIR, it appears that there is specific allegation against the petitioner that he assaulted Ranjan Kumari, the grand-daughter of the informant with farsa on her head. The learned Sessions Judge perused the injury report and found that Ranjan Kumari got sharp cut grievous injury on her head. The petitioner is the author of the grievous injury found on the head of Ranjan Kumari.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T