Saini Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.52087 of 2016 (02) dt.02-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52087 of 2016 Arising Out of PS.Case No. -540 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Saini Yadav, son of Late Guneshwar Yadav, resident of Village- Berwa, P.S. & District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma -Advocate For the Opposite Party/s : Mr. Sri Akbar Ali-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On account of finding a case of arson true against the petitioner and others, which was reported to the police on 14.08.2016, it has been alleged that on 21.08.2016, petitioner along with his son Laxman Yadav, 3-4 unknown persons armed with Dabiya, farsa and danda came and attacked upon informant Satrughan Yadav. He tried to protect himself over which he was assaulted over his hand by danda. When his wife Bechni Devi came in rescue, the first farsa blow given by Laxman Yadav over her head, on account of which, she fell down after sustaining injury. The second blow by means of Dabiya by Saini Yadav (petitioner) over forehead. It has also been alleged that Prabha

Patna High Court Cr.Misc. No.52087 of 2016 (02) dt.02-12-2016 Devi and Soni Devi came and took away ornaments, cloth, cash appertaining to Rs.5,000/-. From the injury report Annexure-2, it is evident that informant had sustained one bruise over parietal region 3 cm x 1 cm left side, swelling over left wrist joint 1" x 1/2" simple in nature. With regard to Bechni Devi sharp cut injury over the forehead 3cm x 1⁄2 cm x 1⁄2 cm, 2cm x 1⁄2cm x 1⁄2cm as well as bruise over right knee 3cm x 2cm having shown as simple. Petitioner happens to be under custody since 22.09.2016. In the aforesaid facts and circumstances of the case, petitioner, Saini Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P. S. Case No.540 of 2016.

(Aditya Kumar Trivedi, J) Vikash/- U T