Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66572 of 2019 Arising Out of PS. Case No.-277 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== SURENDRA YADAV S/o Ram Bahadur Yadav Resident of VillageGhorghatta, P.S.- Bahadurpur (Fekla), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahadurpur (O.P. Fekla) P.S. Case No.277 of 2019 registered under Sections 447, 341, 323, 324, 307, 354, 504 and 506/34 of the Indian Penal Code.

The accusation is that Surendra Yadav (petitioner), the neighbor of the informant Ram Vilash Yadav, in spite of the measurement of the land of the informant, captured the land of the informant by keeping the pieces of bamboo and bricks, which was creating difficulty to the informant on reaching him on his land. Whenever the informant and his family members used to ask the petitioner to remove the same, he used to give

Patna High Court CR. MISC. No.66572 of 2019(2) dt.07-11-2019 2/3 threatening and abuse the daughter-in-law of the informant in filthy language denoting her as Dyne. On 08.06.2019, when Sitaram Yadav, the son of the informant, was going to his land, then Manju Devi, the wife of the petitioner, started to abuse him and also gave threatening of dire consequences. Due to that reason, the son of the informant gave an application at the police station whereupon the police came for inspection but after departure of the police, this petitioner and his wife along with others entered into the house of the informant and all while abusing the daughter-in-law of the informant, caused assault to her through legs and fists. Due to the aforesaid occurrence, the saree of the daughter-in-law of the informant was unfolded.

In the occurrence, the informant was also assaulted by them. Learned counsel for the petitioner submits that due to land dispute, the occurrence of "Maar-Peet" took place between the parties but with an ulterior motive, the informant has lodged the present case. Moreover, one incised wound over the right parietal region of scalp of the informant was found, which is simple in nature.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be

Patna High Court CR. MISC. No.66572 of 2019(2) dt.07-11-2019 3/3 enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur (O.P. Fekla) P.S. Case No.277 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U