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Patna High CourtCR. MISC./16510/2018dismissed

Ram Lal Yadav v. The State Of Bihar

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16510 of 2018 Arising Out of PS.Case No. -39 Year- 2017 Thana -TIYAR District- BHOJPUR ======================================================

1. Ram Lal Yadav, S/o Late Ramjit Yadav, Resident of Village- Maniyara, P.S.- Tiyar, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Tiyar P.S. Case No. 39 of 2017 instituted for the offence under Sections-341, 323, 325, 379, 307, 504/34 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence, this petitioner along with co-accused Hardeo Yadav assaulted the informant and his two sons with Lathi, Danda, iron rod etc. One son of the informant namely, Hareram Yadav sustained grievous injury.

The case diary has been received wherein the injury report of Hareram Yadav is available at paragraph-64 of the case diary, which shows that he sustained grievous injury.

Counsel for the informant has submitted that Hareram Yadav was undergoing treatment in the hospital, then he was assaulted by this

Patna High Court Cr.Misc. No.16510 of 2018 (5) dt.16-05-2018 petitioner and other co-accused persons, on account of which, Hareram Yadav died, for which, Bihiya P.S. Case No. 203 of 2017 has been registered.

In such circumstances, keeping in view that during pendency of this case, the petitioner has again committed assault on Hareram Yadav, who subsequently died and for that occurrence, Bihiya P.S. Case No. 203 of 2017 has been registered against the petitioner for the offence under Section-302 of the Indian Penal Code, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail stands rejected. (Sanjay Priya, J) A.K.V./- U T