Mahesh Kumar Yadav @ Mahesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74561 of 2018 Arising Out of PS. Case No.-258 Year-2017 Thana- BENIPATTI District- Madhubani ======================================================

1. Mahesh Kumar Yadav @ Mahesh Yadav Son of Late Kusho Yadav,

2. Rubi Kumari, Daughter of Late Kusho Yadav,

3. Jibachhi Devi, Wife of Late Kusho Yadav,

4. Naresh Yadav, Son of Late Kusho Yadav,

5. Ganesh Yadav @ Garesh Yadav, Son of Late Kusho Yadav,

6. Dinesh Yadav, Son of Late Kusho Yadav,

7. Surekha Devi, Wife of Naresh Yadav, all Resident of Village- Rajva, Police Station- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioners apprehend their arrest in Benipatti P.S. Case No.258 of 2017 registered under Sections 341, 323, 354(B), 379, 307, 337, 338, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that petitioners were claiming lands of informant to be their own and when the wife of informant went to put some ash on the aforesaid land, the accused persons came and assaulted Mahasundari Devi (wife of informant). Naresh Yadav is alleged to have assaulted the informant with lathi on his head. The accused persons are also alleged to have snatched chain (mangalsutra) made of gold from possession of the daughter-in-law of informant.

Patna High Court Cr.Misc. No.74561 of 2018(3) dt.09-01-2019 2/2 Learned counsel for the petitioners submits that there is counter version being Benipatti P.S. Case No.250 of 2017. On account of land dispute, some occurrence took place. No injury was found on the body of Mahasundari Devi. The informant got superficial lacerated wound on his neck and the injuries opined to be simple in nature.

Having considered the facts that there appears to be a land dispute between both sides for which some occurrence and scuffle took place resulting case and counter case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipatti, Madhubani in connection with Benipatti P.S. Case No.258 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T