Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46810 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Jitendra Yadav son of Jhagru Yadav, resident of Village- Kodwari, P.S. Khaira, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2017 Heard both sides.

The petitioner apprehends his arrest in Khaira P.S. Case No. 80/2016, registered for the offences punishable under Section 308 and other sections of the Indian Penal Code. The informant alleged that the petitioner and others came and began to abuse her husband. When the informant protested petitioner is alleged to have assaulted her with Tangi on her head. Other accused assaulted her with lathi. Learned counsel for the petitioner submits that there is omnibus and general allegation. There is land dispute between the parties, but there is nothing on record to show that there is any land dispute.

Learned counsel for the petitioner submits that in

Patna High Court Cr.Misc. No.46810 of 2016 (3) dt.10-01-2017 2/2 para 8 of the case diary Ramkumar Yadav disclosed that the cattle shed of the petitioner is situated by the side of land of the informant and some dispute arose for measurement of the land. It appears that petitioner assaulted a woman with Tangi on her head and corresponding injury was found on her head, although injury is simple in nature.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit. (Prabhat Kumar Jha, J.) Vinita/- U T