Gauri Shankar Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.306 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.306 of 2018 Arising Out of PS.Case No. -90 Year- 2016 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gauri Shankar Yadav, S/o Bhot Yadav,

2. Chunchun Yadav, S/o Late Nathu Yadav,

3. Sonelal Yadav, S/o Chunmun Yadav,

4. Rudal Yadav, S/o Bhot Yadav,

5. Shiv Shankar Yadav, S/o Bhot Yadav, All five are R/o Haripur Purainiya, P.S.- Sikta, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioners apprehend their arrest in Sikta P.S. Case No.90 of 2016 registered under Sections 308, 379 and other Sections of the Indian Penal Code.

The informant alleged that his nephew, Vikash Yadav went to recharge his mobile but Gauri Shankar Yadav, the neighbour of the informant snatched mobile from Vikash Yadav. When the mother of the informant went to enquire, the petitioners are alleged to have assaulted the informant and others and also took away different articles, cash from the house of the informant. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.306 of 2018 (2) dt.15-01-2018 there is counter version being Sikta P.S. Case No.89 of 2016. Both sides entered into scuffle but both sides sustained simple injury. Annexure 2 series is the injury of Gauri Shankar Yadav, the informant of Sikta P.S. Case No.89 of 2016. Annexure 3 series are the injury report of the informant and others of the present case. All the injuries are simple in nature.

Considering the facts aforesaid and the fact that both sides entered into scuffle and there is a case and counter case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Bettiah, West Champaran in connection with Sikta P.S. Case No.90 of 2016(Tr. No.3179 of 2017)subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T