Dinesh Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30794 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Dinesh Yadav @ Dinesh Kumar Yadav S/O Ram Bahadur Yadav Resident Of Village Bhadawa, Post Chhotaipatti, Police Station Sadar, District Darbhanga 2.

Anit Kumar Yadav @ Amit Kumar Son Of Dinesh Yadav @ Dinesh Kumar Yadav Resident Of Village Bhadawa, Post Chhotaipatti, Police Station Sadar, District Darbhanga 3.

Kiran Devi Wife Of Dinesh Yadav @ Dinesh Kumar Yadav Resident Of Village Bhadawa, Post Chhotaipatti, Police Station Sadar, District Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, APP For the Opposite Party/s :

Mr.Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sadar PS case no. 19 of 2024, disclosing offences punishable under Sections 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 08.01.2024 in the morning, petitioners along with other accused persons entered into the house of informant and started abusing her. Petitioner no. 1 assaulted the informant

Patna High Court CR. MISC. No.30794 of 2024(3) dt.21-09-2024 2/3 by means of farsa on her head, petitioner no. 2 having knife also assaulted on her head and petitioner no. 3 assaulted her by means of axe (tengari).

4.

Learned Counsel for the petitioners submits that both parties are neighbours and scuffle had taken place between them due to dispute regarding passage, for which, counter case has also been lodged by the petitioner no. 3 against the informant and others bearing Sadar PS case no. 45 of 2024. Referring to the injury report, learned counsel submits that injury caused to the informant is simple in nature. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are neighbours, case and counter case is existing between them and injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released 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 learned Chief Judicial Magistrate, Darbhanga in

Patna High Court CR. MISC. No.30794 of 2024(3) dt.21-09-2024 3/3 connection with Sadar PS case no. 19 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T