Ramjee Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.38464 of 2017 (3) dt.12-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38464 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Ramjee Yadav, S/o- Late Harihar Yadav
2. Yadunandan @ Jadunandan Yadav, S/o- Late Harihar Yadav
3. Kaushal Kumar @ Kaushalenra Kumar S/o- Yogendra Yadav.
4. Gajendra Kumar S/o- Bijendra Yadav
5. Aditya Kumar S/o- Ram Akawal Yadav All are resident of VillageNarayanpur, P.S.- Makhdumpur Tehta, District- Jahanabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Makhdumpur (Tehta) P.S. Case No. 177 of 2016, registered under Sections 341, 323, 504, 307, 427 and 379/34 of the Indian Penal Code.
The accusation is that 12 persons named in the F.I.R. including the petitioners came at the door of the informant and started to damage the drain situated in his land. On protest, all started to abuse and caused assault to his wife, Suhani Devi causing injury at her finger whereas Binod Prasad and Geeta Devi, son and daughterin-law of the informant were also caused injury by them. In the
Patna High Court Cr.Misc. No.38464 of 2017 (3) dt.12-12-2017 meantime, they also caused injury at the head of his sister-in-law (Sarhaj), Parwati Devi.
Learned counsel for the petitioners submits that due to land dispute occurrence took place, in which, petitioners' side also sustained injury, regarding which, Makhdumpur (Tehta) P.S. Case No. 181 of 2016 is also instituted on 13.07.2016 on the basis of written report of co-accused, Koushlendra Kumar. Moreover, no specific overt act has been attributed against the petitioners rather there is general allegation against 12 persons named in the F.I.R. including the petitioner to cause injury to the wife, son and other family members of the informant.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta) P.S. Case No. 177 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T