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Patna High CourtCR. MISC./30664/2019bail granted

Lalan Yadav v. The State Of Bihar

2019-05-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30664 of 2019 Arising Out of PS. Case No.-286 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== LALAN YADAV, aged about 60 years(Male) Son of Late Indradev Yadav @ Indra Singh Resident of Village- Sherpura, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2019 Heard both sides.

The petitioner apprehends his arrest in Dulhin Bazar P.S. Case No.286 of 2017 registered under Sections 307, 325 and other minor Sections of the Indian Penal Code. The informant alleged that when she came to her house after taking tuition, she saw the petitioner was assaulting her father, Chandhari Yadav, her mother and grandmother. When she came to save, Lalan Yadav has also assaulted on her head with lathi.

The learned counsel for the petitioner submits that the petitioner is co-sharer of the father of the informant. From the side of the petitioner, Dulhin Bazar P.S. Case No.285 of 2017 was registered against Chandhari Yadav and others. The petitioner is alleged to have assaulted father and mother of the

Patna High Court CR. MISC. No.30664 of 2019(2) dt.09-05-2019 2/2 informant and the informant also. The informant alleged that she got fracture injury on head and other parts of the body but from perusal of the injury report(Annexure 3 series), it would appear that father, mother and the informant got simple injury caused by hard and blunt object.

Taking into consideration the fact that there is a case and counter case and on account of land dispute, the occurrence is said to have taken place in which on account of assault made by the petitioner, some superficial and simple injuries are caused on the body of the father and mother of the informant and the informant, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Danapur, District Patna in connection with Dulhin Bazar P.S. Case No.286 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T