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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4365 of 2018 Arising Out of PS. Case No.-161 Year-2015 Thana- SIRDALA District- Nawada ======================================================

1. Mukesh Yadav @ Mukesh Kumar and Ors Son of Late Rajendra Yadav,

2. Rakesh Yadav, Son of Late Rajendra Yadav,

3. Umesh Yadav, Son of Late Parmeshwar Yadav,

4. Naresh Yadav, Son of Late Parmeshwar Yadav,

5. Usha Devi, Wife of Rambilash Yadav,

6. Seema Devi, Daughte of Rambilash Yadav, All resident of Village- Mirzapur, P.S.- Sirdala Meshkaur District- Nawada.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Sirdalla (Meshkaur) P.S.Case no.161 of 2015 , registered for offences punishable under Sections 147, 149, 341, 323, 404, 379,354 of the Indian Penal Code and Section 3(i)(x) (v)(xi) of S.C./S.T. (Prevention of Atrocities) Act. Allegation against the appellants is of abusing the informant by caste name and also assaulting and there is specific allegation against Umesh Yadav , Seema Devi and Naresh Yadav of assault to the husband of the informant and the daughter-in-law of the informant.

Submission of the learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No.4365 of 2018(3) dt.16-01-2019 2/2 there is general and omnibus allegation against the appellant of abusing by caste name and so far assault is concerned, injuries are simple in nature.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, Nawada in connection with Sirdalla (Meskaur) P.S.P.S.Case No.161 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation. Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- U