Surendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55413 of 2016 Arising Out of PS.Case No. -581 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Surendra Yadav, Son of Late Bindeshwari Prasad Yadav,
2. Chikku Yadav @ Chikku Kumar, Son of Surendra Yadav, Both R/o Village- Narhi, P.S.- Madhepura, Distt- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. Petitioner Surendra Yadav allegedly caused injury with Dabia at the head of the informant Anil Yadav. Similarly, petitioner Chikku Yadav assaulted with Kulhari causing injury at the neck of the informant. The doctor has found cut wound on frontal region left side, cut wound in occipital region besides other abrasion etc.
Submission of the petitioners is that the injury report is not consistent with the prosecution allegation as the
Patna High Court Cr.Misc. No.55413 of 2016 (3) dt.07-04-2017 doctor has not found any injury at the neck of the informant. Both sides are own brothers and for family dispute false allegation is there.
Considering the fact that the petitioners had knowledge that their act might cause death, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No.581 of 2016 pending in the court of learned Chief Judicial Magistrate, Madhepura is rejected. Arvind/- (Birendra Kumar, J) U T