Bhola Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42919 of 2015 Arising Out of PS.Case No. -194 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Bhola Yadav S/o Doman Yadav,
2. Juli Devi, W/o Bhola Yadav, Both are resident of village Saidi, Police Station - Noorsarai, District - Nalanda.
3. Vilash Gope, S/o Late Jagdip Gope,
4. Baiju Gope, @ Baigu Kumar, S/o Vilash Gope, Both are residents of village - Gaudhapar, Police Station- Chandi, District -Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Narendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 At the outset, it is submitted by learned counsel for the petitioner that petitioner no.3 Vilash Gope has been arrested. Hence, this application so far as it relates to petitioner no.3 has become infructuous.
Heard learned counsels for the petitioners and the State.
The petitioner nos. 1,2 and 4 are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,504,324 and 337 of the Indian Penal Code.
The prosecution case is that for the protest being
Patna High Court Cr.Misc. No.42919 of 2015 (2) dt.14-10-2015 2/3 made for abusing the daughter of the informant the accused persons assaulted the informant when the husband of the informant came to rescue then he was also assaulted by the accused persons with garasa and bricks causing injury to the informant and her husband.
It is submitted by the learned counsel for the petitioners that in the background of dispute with regard to passage the accusation has been levelled. The injuries of the informant side have been found to be simple caused by hard and blunt substance. It is further submitted that though there is specific accusation of making assault with garasa to the husband of the informant but the injury report suggests that the injury was caused by hard and blunt substance. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner nos. 1,2 and 4 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM,Nalanda at Biharsharif in connection with
Patna High Court Cr.Misc. No.42919 of 2015 (2) dt.14-10-2015 3/3 Noorsarai P.S. Case No.194 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T