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Patna High CourtCR. MISC./10808/2016disposed

Vikash Kumar @ Vikash @ Chhotu @ Chhotu Kumar And ANR v. The State Of Bihar

2016-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10808 of 2016 Arising Out of PS.Case No. -260 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Vikash Kumar @ Vikash @ Chhotu @ Chhotu Kumar Son of Krishna Yadav

2. Krishna Yadav Son of Parmeshwar Yadav Both are resident of village - Beldariya, Police Station - Warsaliganj in the district of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 323, 325, 379 and 504/34 of the Indian Penal Code.

The prosecution case is that on 15.09.2015 at about 11 AM, the petitioners and co-accused Pappu Yadav, Mukesh Kumanr and Usha Devi entered into the house of the informant and started abusing, in the meantime, petitioner no.1 Vikash Yadav assaulted the informant's daughter by means of iron rod and when the informant and his wife went to rescue, petitioner no.2 Krishna Yadav assaulted the wife of the informant with iron rod when all the accused persons assaulted the informant,

Patna High Court Cr.Misc. No.10808 of 2016 (2) dt.15-03-2016 2/2 informant's wife and informant's daughter. It is also alleged that co-accused Usha Devi snatched gold chain from the neck of the informant and Pappu Yadav snatched earring of the informant's daughter.

It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled. Though, the informant received three injuries but only one injury has been found to be grievous. The wife and daughter of the informant received simple injuries. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Warsaliganj P.S. Case No. 260 of 2015 pending in the court of learned JM, 1st Class, Nawada. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T