Laxman Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45974 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================
1. Laxman Yadav
2. Sharwan Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed. Rizwanul Haque For the Opposite Party/s : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,448,354C and 504/34 of the Indian Penal Code. The prosecution case as per the fardbeyan of Anandi Sharma recorded on 28.6.2016 at Sadar Hospital, Sheikhpura is to the effect that on 27.6.2016 at 4.30 P.M. co accused Anik Yadav, Satyendra Yadav and Masudan Yadav came and abused the informant for projecting drainage pipe from the roof of his house and dismantled the pipe, in the meantime the petitioners and co accused Yagendra Yadav came, entered into the house and started assaulting. It is specifically alleged that the daughter of the informant namely
Patna High Court Cr.Misc. No.45974 of 2016 (2) dt.22-10-2016 2/3 Punita Devi was assaulted by co accused Satyendra Yadav as a result she became unconscious. The informant and his wife were also assaulted by the accused persons. The youngest daughter of the informant, namely Khusboo Kumari was assaulted by co accused Masudan Yadav who also tore her clothes as a result she became naked.
It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is of making assault to the informant Anandi Sharma and informant's wife Lalita Devi. The injuries of the informant and his wife have been found to be superficial simple in nature caused by hard and blunt substance. A supplementary affidavit has been filed to the effect that there is counter version of the occurrence and co accused Anik Yadav and Masudan yadav gave been granted anticipatory bail vide order dated 18.10.2016 passed in Cr. Misc. No. 44959 of 2016 by a co-ordinate bench of this court.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.45974 of 2016 (2) dt.22-10-2016 3/3 amount each to the satisfaction of learned SDJM, Sheikhpura in connection with Ariyari (Kasar) P.S. Case No. 84 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T