Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17960 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Dharmendra Yadav son of Rambachan Yadav resident of village - Kajranan, Police Station - Raghunathpur and District - Siwan .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Utsav Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Raghunathpur P.S. Case No. 183/15 for offences alleged under Sections 341, 323, 307, 504/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that petitioner came with lathi and assaulted the informant indiscriminately and on alarm raised by the informant his parents and sister came to rescue then the petitioner gave lathi blow to the informant causing bleeding injury on his head. It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal antecedent, as is evident from paragraph 3 of this application and the petitioner

Patna High Court Cr.Misc. No.17960 of 2016 (2) dt.06-05-2016 2/2 and informant are cousin. It has further been submitted that a minor quarrel arose between the parties and the injury report shows that it was caused by hard and blunt substance on non-vital part of the body, hence, no case under Section 307 I.P.C. is made out against him. He further submits that the learned court below has already granted the privilege of anticipatory bail to other coaccused. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, 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 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan, in connection with Raghunathpur P.S. Case No. 183/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T