Muneshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10078 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -BASOPATTI District- MADHUBANI ======================================================
1. Muneshwar Yadav S/o Late Heman Yadav, Resident of villageChhatauni, P.S.- Basopatti, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Basopatti P.S. Case No. 40 of 2015 registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504/34 and 307 of the Indian Penal Code.
Allegedly, for demanding of Rs. 20,000/- which was taken by the petitioner from the informant, the petitioner became annoyed and assaulted Manisha Kumari with Dabiya resulting she became senseless and other co-accused also assaulted other family members and co-accused Ganga Ram Yadav snatched gold chain from the neck of the informant. Submission is of false implication and that there is
Patna High Court Cr.Misc. No.10078 of 2016 (3) dt.12-04-2016 2/3 a case and counter case, there was no intention to commit murder and the offence under Section 307 of the Indian Penal Code is not made out as the petitioner has not repeated the blow and only one incised wound over frontal region measuring 2"x1/2"x1/2" upto bone deep on the person of Manisha Kumari was found grievous in nature, the petitioner is suffering in custody since 07.12.2015 and, as such, he deserves sympathetic consideration.
Learned A.P.P. opposes the prayer of bail by submitting that one incised wound over frontal region measuring 2"x1/2"x1/2" upto bone deep caused by sharp weapon was found on the person of injured and this goes to show the intention of the petitioner.
In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Madhubani, in connection with Basopatti P.S. Case No. 40 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the
Patna High Court Cr.Misc. No.10078 of 2016 (3) dt.12-04-2016 3/3 court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) ajaypd./- U T