Mulhay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13469 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Mulhay Yadav, S/o Rupan Yadav,

2. Dhananjay Yadav, S/o Mulhai Yadav, Both are R/o Village Ram Nagar, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anupa Nand Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pirpainti P.S. Case No. 181 of 2016 registered under Sections 341, 323, 504 and 307/34 of the Indian Penal Code. The accusation is that on 22.8.2016 the informant and his family members were constructing their house, the petitioner prevented them for doing the same. When the informant objected the petitioner Dhananjay Yadav and his son started abusing to the informant beating with fists and slap. When the son of the informant came to rescue him then he was assaulted. In the meantime, Shaligram Yadav, Mulhay Yadav and Geeta Devi wife

Patna High Court Cr.Misc. No.13469 of 2017 (2) dt.02-05-2017 2/2 of the petitioner no.2 assaulted the informant and his son with lathi and danda.

Submission is that in fact occurrence of 'Marpit' took place due to land dispute in which wife of petitioner no.2 also sustained injury regarding which Pirpainti P.S. Case No. 181 of 2016 is instituted. Moreover, injury as found on the head of the informant is of simple in nature.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-Vth at Bhagalpur, in connection with Pirpainti P.S. Case No. 181 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Ravi/- U T