Harendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24563 of 2015 Arising Out of PS.Case No. -307 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Harendra Yadav son of Devi Charan Yadav

2. Devi Charan Yadav @ Devi Sharan Yadav son of late Ramdhari Yadav

3. Chhatis Yadav alias Dharmendra Yadav son of Devi Charan Yadav All are residents of Village - Sonbarsa, P.S. Maharajganj (G.B. Nagar), District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Maharajganj(G.B.Nagar) Police Station Case No. 307 of 2014 registered for the offences punishable under Sections 341, 323, 324, 504, 307, 379/34 of the Indian Penal Code. Annexure -3 series to this petition reveals that informant sustained, altogether, three injuries and all the injuries were found simple in nature but the concerned doctor reserved the opinion regarding injury no. 4 till the receipt of the X. Ray report though the said doctor did not mention the aforesaid injury no. 4 in

Patna High Court Cr.Misc. No.24563 of 2015 (2) dt.10-07-2015 2/2 his report.

However, later on the aforesaid doctor submitted supplementary report on 07.04.2015 mentioning this fact that no X-Ray report till the above stated date was submitted in respect of injury no. 4 and accordingly, the aforesaid doctor opined that the injury no. 3 was of simple in nature and therefore it appears that the concerned doctor mentioned injury no. 4 in his first report due to slip of pen.

Considering the aforesaid facts and circumstances as well as nature of injuries sustained by the informant and also keeping in mind that the petitioner no. 2 lodged counter case against the prosecution party, let petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Maharajganj ( G.B.Nagar) Police Station Case no. 307 of 201 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

Namita/- (Hemant Kumar Srivastava, J) U T