Chunchun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49936 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Chunchun Yadav Son of Sukhdev Yadav Resident of Village - Chikani, P.S.- Alauli, Dist.- Khagaria.

2.

Doman Yadav Son of Ramautar Yadav Resident of Village - Chikani, P.S.- Alauli, Dist.- Khagaria.

3.

Foolo Yadav Son of Ramautar Yadav Resident of Village - Chikani, P.S.- Alauli, Dist.- Khagaria.

4.

Rambol Yadav Son of Foolo Yadav Resident of Village - Chikani, P.S.- Alauli, Dist.- Khagaria.

5.

Haribol Yadav Son of Foolo Yadav Resident of Village - Chikani, P.S.- Alauli, Dist.- Khagaria.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard both sides.

Petitioners apprehend their arrest in Alauli P.S. Case No.60 of 2019 registered under Sections 147, 341, 323, 307 and 379 of the Indian Penal Code.

The informant disclosed that Foolo Yadav and his sons assaulted his son on 11.02.2019 and also abused the wife of the informant. On the next day, the informant lodged the case against Foolo Yadav and his sons. On 13.02.2019 the S.H.O. came for investigation of the case but Foolo Yadav and his sons were not present. The S.H.O. asked the family members of Foolo Yadav to inform them to come to the police station for enquiry. On 14.02.2019 at about 7:30 p.m. when the informant

Patna High Court CR. MISC. No.49936 of 2019(2) dt.13-08-2019 2/2 was returning after selling biscuits and chocolate, Foolo Yadav, Chunchun Yadav, Doman Yadav, Haribol Yadav and Rambol Yadav surrounded him and assaulted with iron rod causing injury on the chest, back and nose of the informant. Learned counsel for the petitioners submits that the doctor found three injuries on the body of the informant but only one injury found on the nose of the informant is opined to be grievous in nature.

It is further submitted that no specific allegation of assault is made against the petitioners but it appears that simply because the informant lodged the case against Foolo Yadav and his sons for assaulting the son of the informant, the petitioners firstly asked the informant to withdraw the case and on refusal, they indiscriminately assaulted the informant causing injuries on different parts of the body of the informant. One of the injuries found on the nose of the informant is opined to be grievous in nature. Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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