Patna High CourtCR. MISC./39326/2016bail granted

Shankar Yadav v. The State Of Bihar

2016-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39326 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Shankar Yadav Son of Late Puna Yadav Resident of Village-Rajala, P.S.- Jhajha, District-Jamui .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2016 Heard both sides.

The petitioner apprehends his arrest in Jhajha P.S. Case No. 115 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that she along with her husband went to plough her land, but in the meantime Dindayal Yadav, Bajo Yadav and Shankar Yadav (Petitioner) came and objected her husband to plough the land. There was some verbal altercation and on such Dindayal Yadav assaulted her husband on his head with Tangi.

It is submitted that no specific allegation of assault is made against the petitioner. There is a counter version being Jhajha P.S. Case No. 116/2016. The occurrence took place due to

Patna High Court Cr.Misc. No.39326 of 2016 (2) dt.16-09-2016 2/2 land dispute. Bhim Yadav, husband of the informant got two incised wounds on his head. The author of the aforesaid injury is Dindayal Yadav. No allegation of assault is made against the petitioner.

Considering the facts aforesaid and the fact that the petitioner is named in the FIR but no specific allegation of assault is made against him and the occurrence took place due to land dispute, the petitioner above named in the event of his 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 115 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T