Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13075 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Chhotu Yadav, S/o Tarkeshwar Yadav @ Talkeshwar Yadav, Resident of Village- Bacheriaya, P.S.- Paraiya, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate. For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Paraiya P.S. Case No. 111 of 2016 instituted for the offence under Sections 341, 323, 325,307, 379 and 504/34 of the Indian Penal Code. It has been submitted that the petitioner is Bhainsur of the informant. A compromise has taken place between the parties vide Annexure-3. The doctor has found one stitched wound of size 2 1⁄2" over right parietal region of scalp, but did not give any opinion with respect to the aforesaid injury. As per the written report, on the date of occurrence, the petitioner gave a farsa blow on the head of the informant and when she stopped the blow with her right hand to save herself, she sustained injury in her finger. The doctor has found two injuries

Patna High Court Cr.Misc. No.13075 of 2017 (2) dt.24-03-2017 2/2 on the person of the informant; one is over right parietal region and second abrasion 1⁄2" x 1⁄4" over right thumb. The doctor did not give any opinion with regard to the injury No. 1 and the injury found was simple in nature. The doctor has not mentioned about the weapon used with regard to the injury No. 1. From Annexure3 it appears that a compromise petition has been filed by the petitioner.

The petitioner is own Bhainsur of the informant. It is mentioned in paragraph-3 of the bail petition that the petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Paraiya P.S. Case No. 111 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T