Patna High CourtCR. MISC./273/2017rejected

Sunil Yadav And ORS v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.273 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Sunil Yadav S/o Late Deena Yadav

2. Sarita Devi W/o Sunil Yadav

3. Pintu Yadav S/o Sunil Yadav

4. Akshay Yadav Son of Sunil Yadav All Resident of Village-Dumariya, Police Station-Rajoun, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Rajoun P.S. Case No. 227 of 2016 registered under Sections307 and other allied sections of the Indian Penal Code to which section 302 was added later on.

It is alleged that when the informant was returning after attending the call of nature, accused persons armed with deadly weapons surrounded her. Petitioner no. 2 assaulted by Lota of Kasa on her head, petitioner no. 3 assaulted by Garasa on her head, petitioner no. 4 assaulted by Dabiya on her leg, back and mouth and thereafter petitioner no. 1ordered to assault

Patna High Court Cr.Misc. No.273 of 2017 (3) dt.10-02-2017 2/2 and then all the accused persons assaulted by brick, stone, fists and slaps.

Learned counsel for the petitioners submits that petitioners have been implicated in this case due to previous enmity and grudge in retaliation of Complaint Case No. 1065 of 2014 lodged against the informant.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there is direct allegation against these petitioners. Post-mortem report also supports the allegations.

Considering the nature of allegations levelled in the FIR and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Manish/- U T