Ramesh Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.16172 of 2015 (2) dt.10-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16172 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================
1. Ramesh Yadav
2. Dinesh Yadav, Both sons of Sitaram Yadav, residents of village and P.S.- Gamhari, District-Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 The petitioners are languishing in jail since 30.1.2015 and 11.2.2015 respectively in connection with Gamharia P.S. Case No.170 of 2014 for the offences instituted under Sections 147,341,323,324,379,307 and 385 of the Indian Penal Code. Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that on 28.11.2014 while the informant was irrigating crops in his field, the petitioners and other co-accused having armed with Farsa, Dabiya, Garasa, etc. came there abused and surrounded the informant and started assaulting him. It is alleged that petitioner No.2, Dinesh Yadav assaulted the informant on his head by means of Dabiya causing bleeding injury in his head. It is further alleged that thereafter
Patna High Court Cr.Misc. No.16172 of 2015 (2) dt.10-06-2015 petitioner No.1 Ramesh Yadav strangulated the neck of the informant in order to kill him and also snatched cash of Rs.2200/-. It is submitted on behalf of the petitioners that the alleged occurrence is said to have taken place due to irrigation of field. It has further been submitted that it is a case and counter case and from paragraph No.16 of the application, it appears that the counter case is a Complaint Case No.1142C/2014 filed by petitioner No.2.
On behalf of the State, it has been submitted that the petitioners are named in the first information report. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, Ist Class Judicial Magistrate, Madhepura, in connection with Gamharia P.S. Case No. 170 of 2014.
(Sudhir Singh, J) V.P.Sinha/- U