Domi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56753 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== Domi Yadav, Son of Ramchandra Yadav, Resident of Village - Khurda, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No. 35 of 2019, registered under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that on 21.02.2019, when the informant was going to Bahiyar for cutting grass then petitioner tried to outrage her modesty in the way and threatened her for dire consequences, if she disclosed this incident to anyone. Thereafter, informant reached her house and narrated the incident to her husband. Thereafter, on 24.02.2019 at about 6 P.M., Panchayati was arranged but petitioner refused to obey the decision of Panchayat. Thereafter, informant and her husband returned to her house but in the way, four persons named in the F.I.R. including the petitioner

Patna High Court CR. MISC. No.56753 of 2019(2) dt.06-09-2019 2/2 assaulted them through lathi, danda, farsa, khanti and iron rod. At that time, this petitioner gave iron rod blow at the head of husband of the informant and snatched the gold chain from the neck of the informant and also took cash of Rs.10,000/- from the pocket of her husband.

Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to dirty village politics, the present case has been lodged with false allegation. Moreover, the injuries, as found on the persons of the injured, are simple in nature. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.-Madhepura, in connection with Kumarkhand P.S. Case No. 35 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T