Dinesh Yadav @Dinesh Prasad Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30075 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. DINESH YADAV @DINESH PRASAD YADAV, Son of Late Sukhdeo Yadav,

2. Kishore Yadav, son of Dinesh Yadav,

3. Mukesh Yadav, son of Dinesh Yadav,

4. Jay Kumar Yadav, son of Dinesh Yadav, All of Village Sri Nagar, Ranipatra, P.S. Sadar (Muffasil), District- Purnia. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha, Adv. For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2017 Heard both sides.

The petitioners apprehend their arrest in Sadar (Muffasil) P.S. Case No. 94/2017, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The informant alleged that while he was coming on motorcycle after taking diesel from the petrol pump and when he reached near the house of Dinesh Yadav petitioner no. 1, petitioners no. 1, 2, 3 and petitioner no. 4 intercepted him and indiscriminately assaulted him with iron rod and also snatched Rs. 3,500/- from his pocket.

Patna High Court Cr.Misc. No.30075 of 2017 (3) dt.22-08-2017 2/2 Learned counsel for the petitioners submits that there is counter version. The wife of Dinesh Yadv lodged Sadar Muffasil P.S. Case No. 95/2017 alleging therein that Anil Yadav and others came to her darwaja and assaulted her son Kishore Yadav. The informant got injury which is simple in nature. It is submitted that the allegation of indiscriminate assault is falsified as the informant got one simple injury.

Considering the facts aforesaid and the fact that four persons are alleged to have assaulted the informant, but only one injury was found on the person of the informant which is simple in nature and there is counter version, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar Muffasil P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T