Pradeep Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23017 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -PAUTHU District- AURANGABAD ======================================================
1. Pradeep Yadav
2. Sandeep Yadav
3. Shyam Lal Yadav
4. Jagdish Yadav All sons of Kashi Yadav
5. Santmati Devi wife of Sandeep Yadav
6. Sobha Devi wife of Dharmendra Yadav
7. Phulmatiya Devi wife of Pradeep Yadav .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code. Prosecution case is that on 04.03.2016 at about 6.00 PM in the morning the informant was feeding his cattle in the meantime she-goat of petitioner no.1, Pradeep Yadav, shit in the cattle feeding pot of the informant when protest was made then co-accused Dharmendra Yadav assaulted Ramjan Yadav by a sharp cutting weapon, on protest being made by Ram Vinay
Patna High Court Cr.Misc. No.23017 of 2016 (2) dt.25-05-2016 2/3 Yadav he was also assaulted by Dharmendra Yadav. When Sumitra Devi, wife of Ram Vinay Yadav came to rescue then petitioner no.2, Sandeep Yadav, assaulted her with rod, as a result, she feel down and her chain, ear-ring were snatched. In the meantime, Somariya Devi, came to rescue her husband Ram Janam Yadav then petitioner no.3 Shyamlal Yadav assaulted with iron rod and snatched her chain. Thereafter, co-accused Ravindra Yadav, Nandu Yadav Jagdish Yadav, all assaulted the injured person. It is alleged against petitioner no.5, Santamati Devi, petitioner no.6, Sobha Devi and petitioner no.7, Fulmatiya Devi, that they all pelted stones and bricks.
It is submitted by learned counsel for the petitioners that for petty dispute the accusation has been levelled. There is counter version of the occurrence also and the injuries of the informant's sides have been fond to be superficial, simple in nature. The petitioners' sides have also received injuries. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the genesis of the occurrence, the petitioners being the agnate of the informant and counter version of the occurrence, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court Cr.Misc. No.23017 of 2016 (2) dt.25-05-2016 3/3 learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Aurangabad, in connection with Pauthu P.S. Case No.13/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T