Patna High CourtCR. MISC./29923/2015disposed

Mithlesh Yadav v. The State Of Bihar

2015-07-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29923 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================

1. Mithlesh Yadav S/o Sri Hindu Yadav R/o village - Nawadih, P.S. Sikandra, Distt. - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 448,441,323,324,325 and 504/34 of the Indian Penal Code. It is alleged that the accused persons came variously armed and asked about the brother of the informant, thereafter they entered into the house and assaulted with sword on the head of the informant when parents and sister of the informant came to rescue then they were also assaulted by the accused persons. It is submitted by the learned counsel for the petitioner that there is specific accusation of assault against petitioner to the informant but the injury report suggest that the

Patna High Court Cr.Misc. No.29923 of 2015 (2) dt.28-07-2015 2/2 injury of the informant was found to be simple though the injury of Yashoda Devi has been found to be grievous but the accusation of assault to Yashoda Devi is omnibus and general against all the accused persons. There is counter version of the occurrence also. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Sikandra P.S. Case No. 21 of 2015 pending in the court of learned JM, Ist Class, Jamui. This application is disposed of with the aforesaid observation/direction.

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