Patna High CourtCR. MISC./48273/2023bail granted

Dinesh Yadav v. The State Of Bihar

2023-08-03Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48273 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== DINESH YADAV, aged about 40 years, Male, SON OF SRIKISHUN YADAV RESIDENT OF VILLAGE- BARAI BEDHAI, PS- KATEYA, DISTGOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kateya P.S. Case No. 88 of 2023 dated 24.02.2023 registered for the offence(s) punishable under Section(s) 147, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that FIR was registered against seven accused persons including the petitioner who are family members and admittedly the informant's land is situated near the petitioner's house and on 21.02.2023, a dispute arose in between both the parties on account of flowing of water in maize field of the informant which is stated to be the genesis of

Patna High Court CR. MISC. No.48273 of 2023(2) dt.03-08-2023 2/3 the occurrence and following that dispute as per allegation, all the accused persons assaulted the informant's wife by means of lathi and danda, if the said allegation is assumed to be true even then the alleged offence of Section 302 of IPC is not made out and the matter may come in the purview of Section 304 of IPC only and moreover against the petitioner there is no specific allegation. Further submissions are that as per FIR the alleged occurrence of assault took place on 21.02.2023 and just after the occurrence, the victim was taken to hospital for the treatment and she returned back and at that time there was no deterioration of her heath and suddenly on 24.02.2023, she died and in the postmortem report of the deceased no external injury was found and further in the alleged occurrence of assault no fatal weapon was used. Further submissions are that the petitioner has been languishing in jail since 27.02.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, the nature of allegation as well as the genesis of occurrence and also the completion of investigation against the petitioner, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.48273 of 2023(2) dt.03-08-2023 3/3 above be enlarged on bail in connection with Kateya P.S. Case No. 88 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T