Mohan Lal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33380 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -SC/ST PS District- DARBHANGA ======================================================

1. Mohan Lal Yadav Son of Late Darbari Lal Yadav

2. Mithilesh Yadav Son of Mohan Lal Yadav

3. Kamlesh Yadav Son of Mohan Lal Yadav

4. Dinesh Yadav @ Dinesh Kumar Son of Mohan Lal Yadav

5. Mukesh Yadav Son of Mohan Lal Yadav All R/o Mohalla Mishriganj, Patel Chowk, P.S. Lalit Narayan Mithila University, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioners apprehend their arrest in Darbhanga SC & ST P.S. Case No. 10/2015, registered for the offences punishable under Section 323 and other Sections of the Indian Penal Code.

The informant alleged that the petitioners came and abused the informant by naming her caste and demolished her wall.

It is submitted that earlier petitioner no. 1 had filed a case under Section 133 of the Cr.P.C. for encroachment in the year 2006. There is a counter version. This case is filed on false

Patna High Court Cr.Misc. No.33380 of 2015 (3) dt.15-10-2015 2/2 allegation. The informant has encroached the land. On the other hand, learned counsel for the informant as well as learned Sp. P.P. vehemently opposed the prayer for bail. Taking into consideration that the petitioners assaulted a lady after abusing her by naming her caste, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T