Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51685 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- RAJAON District- Banka ====================================================== 1.

ARBIND YADAV, Son of Amrit Yadav 2.

Amrit Yadav Son of Late Sukal Yadav both Resident of Village- Ghutiya, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 The petitioners apprehend their arrest in connection with Rajoun P. S. Case No. 192 of 2018 registered under Sections 307, 323, 324, 325, 341, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioner along with others were constructing a wall upon the land of the informant which was objected by the informant, upon which petitioner no. 1 assaulted with Farsa on the head of sister of the informant Pinki Devi.

Learned counsel appearing on behalf of the petitioners submits that both parties are neighbour and there is dispute with regard to construction of boundary wall between them and no specific allegation is against petitioner no. 2 in the FIR. He

Patna High Court CR. MISC. No.51685 of 2019(2) dt.19-08-2019 2/2 submits that allegation against petitioner no. 1 of assault made on the sister of the informant, Pinki Devi, causing injury, as per Annexure-2, has been found simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that both parties are neighbour and there is dispute relating to boundary wall between them and the injury caused to Pinki Devi is simple in nature, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Rajoun P.S.Case No. 192 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T