Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65554 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== 1.

BIHARI YADAV S/o Late Harihar Yadav.

2.

Sugriv Yadav @ Mukesh Kumar Yadav son of Bihar Yadav. 3.

Brijesh Yadav @ Brijesh Kumar Yadav son of Bihar Yadav. 4.

Rambha Devi @ Pratima Devi W/O Sunil Yadav all are R/o Village- Titra Phulwaria, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

Mr. Rajiv Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 325/34 of the Indian Penal Code.

The prosecution case as lodged by the informant Shila Devi is that on 05.08.2019, Bihari Yadav, Sugriv Yadav, Bijesh Yadav, Rambha Devi assaulted her and her two sisters Sushila Kumari and Soni Kumari by means of lathi and rod and all the three sisters became injured. It is further alleged that her sisters sustained head injury and she got fracture of her hand due to the brutal assault by the petitioners.

Patna High Court CR. MISC. No.65554 of 2019(2) dt.13-11-2019 2/2 It has been submitted on behalf of the petitioners that they are innocent and have committed no offence, rather they have falsely been implicated in this case due to the land dispute. He submits that the whole prosecution story is totally false and fabricated. It is further submitted that there is no specific allegation against the petitioners rather there is general and omnibus allegation, moreover the injury sustained by Soni, Sushila and Shila are simple in nature.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.VII, Siwan in connection with Mairwa Police Station Case No. 214 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure..

(Anjani Kumar Sharan, J) devendra/- U T