Rati Yadav @ Rati Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55339 of 2016 Arising Out of PS.Case No. -310 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rati Yadav @ Rati Lal Yadav, son of Shri Narayan Yadav, resident of Matiyariya Kothi, P.S. Harsidhi, District-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------- 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Hardsidhi P.S. Case No.310 of 2016 registered under Sections 341, 447, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that eight persons, named in the F.I.R., including the petitioner armed with deadly weapons came at the field of the informant Kalawati Devi and started to abuse claiming the land belonging to them. When the informant made protest then this petitioner gave a farsa blow on her head but the informant caught hold of both hands due to which the informant sustained cut injuries in her both hands. In the meantime, Mohan
Patna High Court Cr.Misc. No.55339 of 2016 (2) dt.23-12-2016 2/3 Mahto, the brother-in-law of the informant, rushed to pacify the matter, then the co-accused Shyam Lal Yadav caused injury to him through iron rod. At that time, Lal Babu Mahto, the husband of the informant also sustained injury. The other accused also assaulted the informant and her husband by fists and slaps. In course of the occurrence, the co-accused Sagar Yadav snatched the silver locket worth Rs.2500/- from the neck of the informant.
Learned counsel appearing on behalf of the petitioner submits that, in fact, when the petitioner was ploughing his filed, the husband, brother-in-law and the other family members of the informant reached there and caused assault to the petitioner through various weapons and the petitioner was rushed to the hospital, where he was treated regarding which on the basis of written report of the petitioner, Harsidhi P.S. Case No.324 of 2016 was instituted on 11.10.2016 under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code against the husband of the informant and her other family members.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.55339 of 2016 (2) dt.23-12-2016 3/3 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Harsidhi P.S. Case No.310 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T