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Patna High CourtCR. MISC./39577/2016bail granted

Yojan Yadav And ORS v. The State Of Bihar

2016-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39577 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Yojan Yadav S/o Late Budhan Yadav

2. Ful Kumari Devi W/o Yojan Yadav

3. Sheoji Yadav S/o Yojan Yadav All residents of Village - Umar Mathia, P.S. - Manjhagarh, Distt - Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Akhilesh Kumar, Advocate.

For the Opposite Party : Mr. Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioners apprehend their arrest in Manjhagarh P.S. Case No. 115 of 2016 registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code.

Surendra Kumar the informant alleged that while he was plucking jackfruits petitioners came abused the informant and his family members. Ram Pravesh Yadav is alleged to have assaulted Surendra Kumar the informant with iron rod on his left hand. Sheoji Yadav, the petitioner no. 3 is alleged to have assaulted the informant with Lathi on his shoulder, waist and on other parts of his body. Yojan Yadav, petitioner no. 1 is alleged to

Patna High Court Cr.Misc. No.39577 of 2016 (2) dt.19-09-2016 2/2 have assaulted Bachcha Choudhary with Lathi. Ful Kumari Devi petitioner no. 2 is alleged to have assaulted Harendra Kumar. Learned counsel for the petitioners submits that there is a counter version. Ful Kumari Devi is the sole daughter of her father and she settled in her Naihar. The informant and his family members wanted to grab the lands of Ful Kumari Devi. It is further submitted that all the three injured got simple injuries.

Considering the facts aforesaid and the fact that there is case and counter case on account of land dispute and the informant and two others got simple injuries, the petitioners above named, in the event of their arrest or surrender before the 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Manjhagarh P.S. Case No. 115 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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