Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18787 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -JAMUI District- JAMUI ====================================================== Sunil Yadav Son of Mahendra Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 34, 324 of the Indian Penal Code.

Prosecution case is that on 05.03.2016 at 8.30 P.M. when the informant came out from his house she saw that this petitioner Sunil Yadav was moving pistol in his hand. On protest being made co-accused Mahendra Yadav abused and instigated to assault the informant whereupon co-accused Anil Yadav assaulted on the back and waist of the informant by means of 'lathi' when her daughter Jubeda Khatoon came to rescue then on the order of co-accused Mahendra Yadav, this petitioner assaulted with 'dabiya' on her head. The petitioner also snatched gold chain from the neck of the daughter of the informant.

Patna High Court Cr.Misc. No.18787 of 2016 (2) dt.02-05-2016 2/2 It is submitted by learned counsel for the petitioner that the petitioner is next door neighbor and for a petty dispute the accusation has been levelled. The accusation against the petitioner is of making assault with 'dabiya' on the head of the daughter of the informant, though, the injury has been found on the scalp of marginal size caused by hard and blunt substance. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation not be corroborated with medical opinion, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Jamui P.S. Case No.67/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T