Ashok Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55163 of 2017 (2) dt.24-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55163 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ====================================================== Ashok Yadav, S/o Mahendra Yadav, R/o Village - Sihuli Khaira, P.S. - Rafiganj, Dist. - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rafiganj P.S. Case No. 53 of 2017, registered under Sections 341, 323, 324, 325, 307 and 379/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Aurangabad, Bihar. The accusation is that, in the evening of 01.04.2017, Sonwan Devi, mother-in-law of the informant, was cleaning in front of Dalan. At that time, this petitioner along with Ram Pukar Yadav having Garasa and Lathi started to cause injury, in which, Sonwan Devi, sustained fracture injury at her elbow. When the informant rushed to save her mother-in-law then this petitioner snatched her silver chain. When Ajay Yadav, husband of the informant, reached

Patna High Court Cr.Misc. No.55163 of 2017 (2) dt.24-11-2017 there then Promod Yadav, Mahendra Yadav, Bipin Yadav and Bikash Yadav started to cause injury through lathi. In the meantime, Ranvijay Yadav and Randhir Yadav, both son of the informant, were also assaulted by them.

Learned counsel for the petitioner submits, in fact, occurrence took place due to land dispute, in which, co-accused, Ram Pukar Yadav, also sustained injury, regarding which, Rafiganj P.S. Case No. 54 of 2017 is instituted on the basis of the written report of Ram Pukar Yadav. Moreover, the injury, as found on the person of informant, is simple in nature, but the injury of Sonwan Devi, mother-in-law of the informant, is kept reserved. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T