Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8023 of 2016 Arising Out of PS.Case No. -246 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Sitaram Yadav Son of Late Hari Kishun Yadav, resident of villageBaruara, P.S.- Bahadurpur (Fekla O.P.), District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahadurpur (Fekla O.P.) P.S.Case No. 246 of 2015 registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The prosecution case is that on 16.07.2015 at about 8A.M. when the informant went at her field for planting paddy crops along with her husband, then petitioner obstructed. Thereafter, all the accused persons including the petitioner came and abused the informant and petitioner assaulted with the kudal on the head of the informant and other accused persons including the petitioner assaulted with first and slaps and also snatched golden jhumka and chakk of the informant.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.8023 of 2016 (2) dt.23-02-2016 2/2 petitioner that the petitioner is innocent and has committed no offence and has been falsely implicated due to personal enmity and village politics.

It has further been submitted that the petitioner has no criminal antecedent as is evident from para-3 of this petition and that wife of the petitioner had earlier lodged F.I.R. against the informant and family members bearing Bahadurpur ( Fekla O.P.) P.S.Case No. 245 of 2015 and the present case is a counter blast to the aforesaid case. Further more, learned counsel for the petitioner submits that the injury on the medical examination has been found to be simple in nature.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R.

Be that as it may, let the above named petitioner, in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S.Case No. 246 of 2015, subject to the conditions laid down under Section 438 (2) Cr.P.C (Nilu Agrawal, J) Sudha/- U T