Giri Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13636 of 2017 Arising Out of PS.Case No. -190 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Giri Yadav, Son of Karori Yadav @ Karari Choudhary, Resident of Village- Gausia, P.S.- Manjhagrah, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Manjhagarh P.S. Case No. 190 of 2016, registered for the offences punishable under Sections 341, 323, 307, 504, 379/34 the Indian Penal Code.
Allegedly, the petitioner and other co-accused started assaulting the informant and when his daughter Soni Devi came for rescue the petitioner opened fire with Katta which hit her left elbow and she became unconscious, thereafter the petitioner and other took away net of fishery, cash of Rs. 10,000/-, fish , torch etc. valued at Rs. 35,000/- Submission is of false implication and that the
Patna High Court Cr.Misc. No.13636 of 2017 (2) dt.27-04-2017 2/2 petitioner has been made victim of the circumstances, he has not opened fire, this case is based on concocted and false story and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Manjhagarh P.S. Case No. 190 of 2016, pending in the Court of learned Chief Judicial Magistrate, Gopalganj However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T