Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26210 of 2015 Arising out of PS.Case No. -183 Year- 2013 Thana -KOCH District- GAYA ====================================================== Suresh Yadav, S/o Late Ramashis Yadav, resident of village - Mithapur, Tola - Rampur, P.S. Konch, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the Opposite Party : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 The petitioner is apprehending his arrest in connection with Konch P.S. Case No. 183 of 2013 for the offences instituted under Sections 307, 147, 148, 149, 341, 323, 325, 379 and 504 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 19.06. 2013, the accused persons entered in the house of the informant and abused his wife. Accused Manu Yadav assaulted with axe on her hand and further catching hold her hair, flung her on the ground and also assaulted. Accused Laldeo Yadav inflicted five blows on her head with Tanga causing severe injuries to her. Thereafter, accused persons forcibly snatched key of house and box. When the

Patna High Court Cr.Misc. No.26210 of 2015 (2) dt.17-07-2015 2/3 informant's mother raised objection, all accused persons assaulted with lathi and looted ornaments and other articles. They also assaulted the younger brother of the informant and snatched ornaments and took out Rs. 40,000/- cash and demolished the tiled roof of the house and extended threat with dire consequences. They also assaulted the old grand-father of the informant. When his younger brother came from outside, the accused persons assaulted him also brutally.

It has been submitted on behalf of the petitioner that it is a case and counter case. It is further submitted that the accused side had also sustained injuries which has not been explained by the prosecution which casts a serious doubt upon the prosecution. It is further submitted that the petitioner has got no criminal antecedent.

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

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Konch P.S. Case No. 183 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.26210 of 2015 (2) dt.17-07-2015 3/3 satisfaction of the learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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