Mahaveer Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53894 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -SIMRI District- BUXAR ======================================================
1. Mahaveer Yadav
2. Murari Yadav
3. Krishna Yadav All sons of Ramjas Yadav, resident of village-Kharhatand, P.S.-Simri, District-Buxar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners. No one appears for the State.
Petitioners are seeking anticipatory bail in connection with Simari P.S. Case No.105 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are the three brothers, who are Gotiyas of the informant, the allegation against them are that they had abused and assaulted the son of the informant with an intention to kill. Learned counsel submits that all injuries are found simple in nature and in fact the parties having settled their dispute amicably.
Patna High Court Cr.Misc. No.53894 of 2017 (2) dt.09-11-2017 He has also drawn my attention towards Annexure-2 to the present application by which both the parties have sought leave of the Court to compromise.
Considering the nature of allegations and the fact that these petitioners have participated in the alleged occurrence, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail is rejected. However, if the petitioners surrender in the court below within a period of four weeks from today and pray for regular bail, the same shall be considered by the court below taking into consideration the fact that simple injuries have been found and the parties are own Gotiyas who have now settled their disputes.
The application is, accordingly, disposed of. (Rajeev Ranjan Prasad, J) Arvind/- U T