Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64804 of 2018 Arising Out of PS. Case No.-185 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Suresh Yadav, Son of Late Biru Yadav, Resident of Village- Rampur Balua, P.S. Kawakol, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh, Advocate.

For the Opposite Party/s :

Mr. Panchanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2019 Heard.

The petitioner apprehends his arrest in connection with Kawakole P.S. Case No.185 of 2018 registered under Sections 341, 323 and 308/34 of the Indian Penal Code. The accusation is that on 24.08.2018 at about 09.00 A.M., when the informant Munia Devi had gone to the house of the petitioner for making some query, the petitioner and his wife Sonia Devi made protest. Thereafter, when the informant along with her husband was sitting at her door, at that time, the petitioner along with his wife Sonia Devi came there and caused assault to the informant through axe, due to which she sustained blood oozing injury on her head.

Learned counsel appearing for the petitioner submits

Patna High Court Cr.Misc. No.64804 of 2018(3) dt.29-01-2019 2/2 that, in fact, the informant is the Gotiya and next door neighbour of the petitioner and due to some dispute, this false case has been lodged.

From perusal of the case diary, which is up-to paragraph-81, it appears that no injury, as received by the informant, is detailed in the case diary. In the X-ray of the skull and shoulder of the informant, no bony linear was found. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Nawada, in connection with Kawakole P.S. Cae No.185 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T