Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21331 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== 1.
Munna Yadav, Son of Lallan Yadav @ Lallan Choudhary Resident of Village- Shadipur, Police Station, Goreakothi, District- Siwan 2.
Chunnu Yadav Son of Lallan Yadav @ Lallan Chaudhary Resident of Village- Shadipur, Police Station, Goreakothi, District- Siwan 3.
Lallan Yadav @ Lallan Choudhary Son of Late Raghunath Rawat @ Raghunath Yadav Resident of Village- Shadipur, Police Station, Goreakothi, District- Siwan 4.
Meena Devi Wife of Munna Yadav Resident of Village- Shadipur, Police Station, Goreakothi, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kant For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Goreakothi P.S. Case no. 236 of 2018, registered under Sections 341, 323, 504 and 302/34 of the Indian Penal Code.
The accusation is that in the morning of 25.11.2018, the petitioners were engaged in ploughing the field of the informant Sudama Yadav through tractor. When Mansundari Devi, mother of the informant, reached there and
Patna High Court CR. MISC. No.21331 of 2019(5) dt.02-08-2019 2/3 made request claiming the land then petitioner No.1 Munna Yadav and petitioner No.2 Chunu Yadav threatened to kill him as like her husband and all started to abuse and caused assault through fist and slaps. At that time, mother of the informant laid on the ground and wife of petitioner Nos.1 and 2 also caused assault to his mother. On raising alarm villagers rushed there then all fled away. Thereafter, mother of the informant rushed for treatment at PHC Goraiya Kokhi, where Doctor declared her dead.
Learned counsel for the petitioners submits that while allegation has been made against the petitioner and other to cause assault to the mother of informant through fist and slaps, but in Postmortem report, no external injury was found and the cause of death is shown as brain hemorrhage. Further submission is that the petitioners have falsely been implicated in this case due to land dispute. All the petitioners, except, petitioner No.1, who is accused in Goreakothi P.S. Case No. 57 of 1999 in which petitioner No.1 has been convicted and appeal has been preferred Criminal Appeal (DB) No. 516 of 2005 in which petitioner has already been allowed bail. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the
Patna High Court CR. MISC. No.21331 of 2019(5) dt.02-08-2019 3/3 event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Goreakothi P.S. Case No. 236 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T