Shiv Kumar Yadav @ Bouku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21418 of 2018 Arising Out of PS.Case No. -110 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Shiv Kumar Yadav @ Bouku Yadav S/o Singheshwar Yadav resident of village - Hardi Durga Sthan, P.S. - Supaul, District - Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Supaul Mahila P.S.Case No.110 of 2016 registered for offences punishable under Sections 448, 341, 323, 354(B), 504, 506/34 of the Indian Penal Code and Sections 3 & 4 of Witch Craft Prevention Act Allegation against the petitioner is that he tried to administer nightsoil to the informant and calling her Dine. Submission of the learned counsel for the petitioner is that there is dispute between the parties and for that he has been falsely implicated in this case and the main allegation of administer night soil is against other accused persons.
Heard learned A.P.P. and the learned counsel for the
Patna High Court Cr.Misc. No.21418 of 2018 (4) dt.28-06-2018 2/2 informant. They have opposed the prayer for bail on the ground that the petitioner and one Dinesh Yadav also tried to administer night soil to the informant calling her dine. It is also submitted that the prayer for anticipatory bail to one of the co-accused against whom there is allegation of administering night soil has been rejected vide order dated 16.5.2018 passed in Cr. Misc. No.21789 of 2018 considering the allegation against the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, this is not a case for grnat of anticipatory bail rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T