Dipnarain Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16573 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Dipnarain Yadav, Son of Late Jageshwar Yadav, Resident of VillageSihpur, P.S.- Gamhariya, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gamhariya P.S. Case no. 78 of 2016, registered under Sections 147, 149, 341, 323, 379, 385, 427, 504, 506 and 353 of the Indian Penal Code.

The accused is that six persons named in the F.I.R. including the petitioner came at Upgraded Middle School, Sihpur and entered in the office of Headmaster (Informant) of the said school and demanded ransom of Rs. 25000/- on protest they started assaulting him and torn student's attendance register and other official papers. At that time, Lalan Yadav took away watch of informant worth of Rs. 3000/- and golden chain worth of Rs. 45,000/- and accused Bindeshwari Yadav snatched Rs. 2500/- from the pocket of the informant and Uma Shankar Yadav tried to press the neck of the informant.

Patna High Court Cr.Misc. No.16573 of 2017 (3) dt.17-07-2017 2/2 Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but no specific overt act has been attributed against the petitioner. The petitioner is father of Uma Shankar Yadav and due to that reasons, the petitioner has been implicated in this case. Further submission is that co-accused Uma Shankar Yadav has lodged Gamharia P.S. Case No. 77 of 2016 regarding the same occurrence against Jai Kant Yadav, Assistant Teacher of Upgraded School, Singhpur due to that reasons the persent case been lodged. Further submission is that 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 four 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 ACJM-IV, Madhepura in connection with Ghamharia P.S. Case No. 78 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T