Ramashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15033 of 2018 Arising Out of PS.Case No. -14 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ====================================================== Ramashish Yadav, son of Late Thakur Yadav, resident of VillageKarharba, P.S.- Jainagar, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Babita Kumari, Advocate.

Mr. Shashank Shekhar, Advocate.

For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Jainagar P.S.Case No. 14 of 2017 registered under Sections 147, 148, 149, 302, 307, 323, 324, 341, 354, 447 and 504 of the Indian penal Code.

Allegation in brief is that one of the co-accused Ram Pramod Yadav was taking away informant's niece forcibly from the village for committing rape, the people intervened and in that connection Panchayat was held and the accused persons turned up and assaulted the deceased. Further allegation is that Ram Pramod Yadav gave several Khanti blow over the head of the deceased thereafter others were also assaulted.

Submission is that specific allegation of hitting on the head

Patna High Court Cr.Misc. No.15033 of 2018 (2) dt.20-03-2018 2/2 of the deceased is against Ram Pramod Yadav and not against the petitioner and two injuries are found on the head of the deceased which attributed to Ram Pramod Yadav and rest others have falsely been implicated and similarly situated other co-accused persons have been admitted to anticipatory bail vide order dated 10.08.2017 passed in Cr. Misc. No. 32637 of 2017 and order dated 13.11.2017 passed in Cr. Misc. No. 53455 of 2017, and the petitioner has clean antecedent.

Having considered the aforesaid facts and circumstances, specially the allegation of assaulting over the deceased is against Ram Pramod Yadav and not against the petitioner, so the petitioner, namely , Ramashish Yadav, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhubani in connection with Jainagar P.S. Case No. 14 of 2017. (Arun Kumar, J) Sujit/- U T