Kapil Yadav @ Kapildeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52570 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Kapil Yadav @ Kapildeo Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Laxmipur P.S. Case No. 101 of 2015 registered for offences punishable under Sections 147,149,379,504,323,435,427 of the Indian Penal Code.

The prosecution case is that the informant after worship of Godess Kali, returned back on his house and asked his sister to give water upon which his sister namely, Raina Devi went to fetch water from well. Then all accused persons came variously armed with lathi and Khanti and entered into his house and this petitioner assaulted his sister by khanti blow on her head due to which she sustained injury on her head and fell down. Then other accused persons snatched her golden chain and also set fire on his straws,

Patna High Court Cr.Misc. No.52570 of 2015 (2) dt.02-12-2015 2/2 which was in the courtyard. It was further stated that on alarm the villagers came and saved them. It has further stated that due to dispute for well the occurrence has taken place. It has been submitted on behalf of the petitioner that the petitioner has clean antecedent which finds place at paragraph 3 of the petition and no case under Section 307 of the Indian Penal Code is made out against him. It has further been submitted that the injury report specifies the injury to be simple in nature and admittedly there is some land dispute between the parties.

Be that as it may, let the petitioner, namely, Kapil Yadav @ Kapildeo Yadav, in the event of his arrest / surrender within a period of eight weeks from today before the Court below, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 101 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.