Brahmdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20336 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -BASNAHI District- SAHARSA ====================================================== Brahmdeo Yadav Son of Late Bhikhan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 324, 447, 435, 379, 384, 504 and 506 of the Indian Penal Code.

Prosecution case is that the accused persons variously armed came to the door of the informant and demanded extortion of rupees sixty thousand for allowing the informant to construct the house. On protest being made the accused persons assaulted with fists and slaps. It is alleged that the petitioner assaulted with 'farsa' to the son of the informant, when wife of the informant namely Mangali Devi came to rescue then she was assaulted by co-accused Lakhan Sahni whereas co-accused

Patna High Court Cr.Misc. No.20336 of 2016 (2) dt.11-05-2016 2/2 Indal Yadav assaulted daughter-in-law of the informant and snatched her ornaments. The accused persons also set the bamboo built wall of the informant on fire.

It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled. There is no accusation of repeating the blow and the injuries have been found to be simple in nature. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

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

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Basnahi P.S. Case No.95/2015, pending before the learned CJM, Saharsa. With the above observation, this application is, accordingly, disposed off.

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