Raj Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20090 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -MAIGRA District- GAYA ======================================================
1. Raj Kumar Yadav Son of Shamsher Yadav
2. Dharmendra Yadav @ Chhotu Yadav @ Chhotu Kumar Son of Shamsher Yadav Both resident of village - Walichak, P.S. Maigra, Distt. - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code. The prosecution case is that on 16.01.2016 at 6.30 P.M. the son of the informant Babloo Kumar and his nephew Raj Kumar Yadav had hot exchange for some petty dispute. When wife of the informant went to pacify the matter, then petitioner no. 1, Raj Kumar Yadav abused her and started assaulting her. On alarm being raised by the wife and son of the informant, the informant went to pacify the issue, when both petitioners assaulted the informant with lathi and snatched gold chain.
Patna High Court Cr.Misc. No.20090 of 2016 (2) dt.05-05-2016 It is submitted by the learned counsel for the petitioners that for a petty dispute accusation has been levelled. One lacerated injury has been received by the informant, while the other injury has been found as pain and swelling. Though, the accusation of making assault indiscriminately by both the petitioners. The wife of informant has not received any injury. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the genesis of the occurrence, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri G.N. Dubey, J.M., Ist Class, Sherghati, Gaya in connection with Maigra P.S. Case No. 3 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T