Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2063 of 2018 Arising Out of PS. Case No.-320 Year-2017 Thana- RAJAUN District- Banka ====================================================== Suman Yadav, Son of Suresh Yadav, Resident of Village-Subakha, P.S.- Rajaum, District-Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379 and 504/34 of the IPC.

The prosecution case, as per the written report of Roma Devi dated 12.07.2017, submitted before Station House Officer, Rajaun Police Station is to the effect that on 12.07.2017 at 5 PM, the informant went to get the land plaughed when petitioner, Suman Yadav, co-accused, Chintu Yadav, Shanti Devi, and Devendra Yadav started abusing the informant and forbade her from plaughing the land. Thereafter, all the accused persons assaulted the informant causing injury on her head and

Patna High Court Cr.Misc. No.2063 of 2018(2) dt.17-01-2018 2/3 when the husband of the informant, Wakil Yadav and son, Sourav Yadav came to rescue her, they were also assaulted. It is specifically alleged against the petitioner that he snatched gold chain from the informant.

It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute. The petitioner's side lodged Rajoun P.S. Case No. 319 of 2017, under Sections 341, 323, 324, 308, 379 and 504/34 of the IPC against the informant's side at earlier point of time. The injury has been found to be superficial simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR.

Considering the accusation being omnibus and general against all the accused persons and the case lodged by the petitioner's side at earlier point of time, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in

Patna High Court Cr.Misc. No.2063 of 2018(2) dt.17-01-2018 3/3 connection with Rajaun P.S. Case No. 320 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T