Sohan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23497 of 2015 Arising out of PS.Case No. -46 Year- 2014 Thana -SONO District- JAMUI ======================================================

1. Sohan Yadav, Son of Lakhan Yadav.

2. Lakhan Yadav, Son of Late Bhola Yadav. Both residents of village - Gamaharia, P.S. Sono, District - Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sourendra Pandey, Advocate. For the Opposite Party : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Sono P.S. Case No. 46/2014 for the offences instituted under Sections 341, 323, 307 and 504/34 of the I.P.C. The prosecution story, in brief, is that on 19.03.2014 at 11.30 A.M. Sukar Yadav and Lalwa Devi abused the informant. On protest, Lakhan Yadav assaulted on his head by means of Lathi. When he raised alarm, then his elder brother and mother came to save him, then Sohan Yadav and Lakhan Yadav brutally assaulted his brother and mother by means of Lathi. His brother also sustained injury on his head and her mother sustained injury

Patna High Court Cr.Misc. No.23497 of 2015 (3) dt.21-09-2015 2/2 on his lips. Lalwa Devi bitted on hand of his elder brother by teeth then nearby people came and saved.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the injury reports are in paragraph nos. 21, 22 and 23 of the case diary. From perusal of the same it appears that the injuries are simple in nature. Hence, no offence under Section 307 of the Indian Penal Code is made out. The petitioners and the informant are close agnates.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Sono P.S. Case No. 46 of 2014 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 A.C.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T