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Patna High CourtCR. MISC./51427/2019bail granted

Raj Kumar Yadav @ Raj Kumar v. The State Of Bihar

2019-08-19Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51427 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.

RAJ KUMAR YADAV @ RAJ KUMAR, son of Ramanand Yadav, Resident of Village - Parsa hat , Ward No.8, P.S.- Ranignaj, Dist.- Araria. 2.

Rani Kumari D/o ramanand Yadav Resident of Village - Parsa hat , Ward No.8, P.S.- Ranignaj, Dist.- Araria.

3.

Kanchan Devi Wife of Ramanand Yadav Resident of Village - Parsa hat , Ward No.8, P.S.- Ranignaj, Dist.- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Raniganj P.S. Case No.256 of 2018 registered under Sections 341, 323, 324, 307, 354-B, 504 and 506/34 of the Indian Penal Code, 1860.

The accusation is that due to land dispute, Ramanand Yadav, elder brother-in-law of the informant Kavita Devi, forcibly entered into the house of the informant, started to cause assault and with bad intention started to tease to the informant. Thereafter, the informant raising objection went to the house of

Patna High Court CR. MISC. No.51427 of 2019(2) dt.19-08-2019 2/3 her neighbour Ramchandra Yadav, then her elder brother-in-law and these petitioners took the informant on the road from the house of Ramchandra Yadav, whereupon they started to abuse to the informant and her elder brother-in-law, after taking Dabia from the hand of his son Raj Kumar (petitioner no.1) assaulted the informant causing injury below her left eye and all started to cause assault to the informant through fists and feets. In that course, Kanchan Devi (petitioner no.3) snatched the gold chain of the informant, whereas Rani Kumari (petitioner no.2) snatched the silver payal of the informant and Rajkumar Yadav (petitioner no.1) asked his father to kill the informant.

Learned counsel for the petitioners submits that the petitioners and the informant are Pattidars and due to land dispute, the scuffle took place between the parties but with an ulterior motive, the informant has falsely implicated the petitioners in the present case. Moreover, the specific allegation to cause assault to the informant is against Ramanand Yadav. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.

Patna High Court CR. MISC. No.51427 of 2019(2) dt.19-08-2019 3/3 amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No.256 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T