Mathura Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30326 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================
1. Mathura Yadav, S/o Ramdhani Yadav,
2. Ramdhani Yadav, S/o late Somar Yadav, both r/v Madhopur, P.S. Akbarpur, District-Nawada (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Adv. For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-08-2015 Heard both sides.
The petitioners seek bail in Akbarpur P.S. Case No. 01/2015, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.
Binod Yadav, the son of the deceased Pokhan Yadav named six persons including these two petitioners Mathura Yadav and Ramdhani Yadav (son and father) and alleged that they entered into his house and assaulted his father with bamboo stick and his father fell down and died after two hours.
It is submitted that no external injury was found. Six persons are alleged to have indiscriminately assaulted the father of the informant with stick but one swelling on the body of his father is found. The father of the informant was 78 years old. The
Patna High Court Cr.Misc. No.30326 of 2015 (2) dt.12-08-2015 2/2 petitioners got enmity from before on account of land dispute. On the other hand, learned counsel for the informant as well as the learned Additional P.P. while opposing the prayer submitted that the petitioners assaulted and killed the father of the informant. Considering the facts aforesaid and the fact that six persons are alleged to have assaulted with sticks but only one swelling was found on the dead body of the deceased, the petitioners above named 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 the learned Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 01/2015.
(Prabhat Kumar Jha, J.) Rakhi/- U T