Ashok Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.47000 of 2017 (2) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47000 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -HAYAGHAT District- DARBHANGA ====================================================== Ashok Yadav, Son of Thakko Yadav, Resident of Village- Rustampur, P.S. Hayaghat, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hayaghat P.S. Case No. 10 of 2017, registered under Sections 341, 323, 307, 120(B), 504 and 506 of the Indian Penal Code. The allegation of informant, Ram Chandra Yadav, is that four persons named in the F.I.R. including the petitioner came at his door variously armed with weapons and started to cause assault to Dinesh Yadav, son-in-law of the informant. At that time, Tako Yadav caused injury at the head of Dinesh Yadav, son-inlaw of informant, through lathi. When Pinki Kumari, grand daughter of the informant, rushed to save him then she was also assaulted by this petitioner through axe causing injury at her head. In the meantime, Nirmala Devi and Tulsi Devi caused injury to his

Patna High Court Cr.Misc. No.47000 of 2017 (2) dt.22-09-2017 grand daughter through lathi and danda.

Learned counsel for the petitioner submits that occurrence took place due to land dispute, in which, petitioners' side also sustained injury, regarding which, Hayaghat P.S. Case No. 9 of 2017 is also instituted on the basis of written report of coaccused, Nirmala Devi. Further submissions is that while the allegation has been made against the petitioner to give axe blow at the head of Pinki Kumari, grand daughter of the informant, but her injury was found simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Darbhanga, in connection with Hayaghat P.S. Case No. 10 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T