Shivdhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================

1. Shivdhari Yadav Son of late Anoop Yadav Resident of Village- Bahera, Police Station -Kusheshwar Asthan, District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149,341, 323, 324, 325, 307, 429, 354(B), 448, 380, 436, 504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the First Information Report named accused persons including the petitioner came to the door of the informant and started abusing him. The informant was confined by Pappu Yadav and the son-in-law of the petitioner. On the order of the petitioner Tejo Yadav assaulted with farsha on the head, causing bleeding injury on the back portion of the head of the informant. Co-accused Ram Bharosha Yadav also caused injury on the left arm by

Patna High Court Cr.Misc. No.47 of 2016 (2) dt.05-01-2016 iron rod. On alarm being raised, the wife of the informant came to rescue, when Pappu Yadav manhandled her. It is alleged that co-accused Ram Binod Yadav took away box containing ornaments and clothes. The petitioner set the house of the informant on fire, as a result, she goat of the informant died.

It is submitted by the learned counsel for the petitioner that accusation of assault is not specific against the petitioner and there is nothing on record to suggest that the dwelling house of the informant was put on fire. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Kusheshwar Asthan P.S. Case No. 146 of 2015, pending in the court of learned Sub-Divisional Judicial Magistrate, Benipur at Darbhanga.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T