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Patna High CourtCR. MISC./48899/2019bail granted

Dinesh Yadav v. The State Of Bihar

2019-08-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48899 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- DANDKHORA District- Katihar ====================================================== DINESH YADAV, Aged about 35 years, Male, Son of Ram Hari Yadav, Resident of Bhamraili, P.S. Dandkhora, Distt - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2019 Heard both sides.

Petitioner apprehends his arrest in Dandkhora P.S. Case No.54 of 2019, registered under Sections 341, 323, 354, 379, 506, 504 and 34 of the Indian Penal Code. The informant alleged that the petitioner and his wife asked her to remove her bamboo from near the fence of the petitioner. The informant alleged that both petitioner and his wife put her on the ground and his wife assaulted her. When her brother-in-law came, both the accused are said to have assaulted the brother-in-law of the informant. Petitioner is alleged to have assaulted the brother-in-law of the informant with lathi on the head.

Learned counsel for the petitioner submits that on petty dispute the occurrence took place. The wife of the

Patna High Court CR. MISC. No.48899 of 2019(2) dt.06-08-2019 2/2 petitioner has already been enlarged on anticipatory bail. The injury found on the head of the brother-in-law of the informant is simple in nature and at best Section 323 of the Indian Penal Code can be made out.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Dandkhora P.S. Case No.54 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T