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Patna High CourtCR. MISC./25582/2016allowed

Chanarik Yadav v. The State Of Bihar

2016-07-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25582 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Chanarik Yadav, son of Tulsi Yadav, resident of Village- Satanpur, P.S.- Kako, District- Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 341, 323, 307, 504/34 of the Indian Penal Code. The informant, Surendra Prasad Yadav, alleged that all the 9 accused persons came to his house and began to abuse them. When her mother protested, this petitioner assaulted on her head with Khanti, causing bleeding injuries. One Suresh Yadav assaulted other family member, namely, Manorama Devi, with iron rod.

The petitioner submits that in fact the prosecution side is aggressor and the informant of the present case, namely, Surendra Prasad Yadav, assaulted his wife with bricks causing grievous injury. The petitioner has produced the injury report of his wife for perusal of this Court. Learned counsel submits that

Patna High Court Cr.Misc. No.25582 of 2016 (2) dt.04-07-2016 2/2 Surendra Prasad Yadav, informant of the present case, has been granted anticipatory bail in the case filed by his side. It appears that there has been free fight between the parties and both sides' sustained injuries.

In the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the above named petitioner be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case no. 15 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with a further condition that the petitioner would not physically absent for two consecutive dates at stretch till two witnesses are examined.

(Samarendra Pratap Singh, J.) Uday/- U T