Upendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24587 of 2017 (2) dt.29-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24587 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Upendra Yadav Son of Late Sukhlal Yadav @ Khublal Yadav, Resident of Village-Kayamganj, P.S.-Makhdumpur, District-Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-05-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in connection with Makhdumpur P.S. Case No. 60 of 2017 for the offence under Sections 341, 342, 323, 325, 307, 354(A), 504 and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The prosecution case, in brief, is that on 26.03.2017, when the daughter of the informant had gone for call of nature, in the meantime, the villager namely Sintu Kumar tried to outrage her modesty but on her hulla, he fled away. It is further alleged that when the husband of the informant went to complain to the family members of the said Sintu Kumar, the petitioner along with others armed with lathi, rod and gun attacked on the house of

Patna High Court Cr.Misc. No.24587 of 2017 (2) dt.29-05-2017 the informant and started to abuse and on protest, the petitioner assaulted her with iron rod, as a result of which, she sustained injury.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.03.2017. The petitioner has got no criminal antecedent. It is further submitted that the injury sustained by the informant is found to be simple in nature caused by hard and blunt substance. Hence, no offence under Section 307 and 325 of the Indian Penal Code is attributed against the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Jehanabad, in connection with Makhdumpur P.S. Case No. 60 of 2017.

(Sanjay Kumar, J) Amit/- U T