Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77781 of 2019 Arising Out of PS. Case No.-806 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Sitaram Yadav S/o Late Tanuk Lal Yadav Resident of Village- Bhangaha, Ward No. 04, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379 and 504/34 of the the Indian Penal Code. As per FIR on 20.08.2019, when the informant had gone to see her jute crop, she found that her jute crop was grazing by buffalo of her neighbour and for taking out the buffalo from the field, all the accused persons including this petitioner started abusing the informant. Accused Sitarm Yadav caught hold the hand of the informant and pulled her down and started assaulting her with lathi and danda and gave a lathi blow on her head with intention to kill her, as a result the informant sustained head injury and blood started oozing out. On alarm raised by the informant, when Sintu Kumar, the son of the informant reached there in order to rescue the informant but seeing the son of the informant, all the accused persons away

Patna High Court CR. MISC. No.77781 of 2019(2) dt.29-11-2019 2/2 from the place of occurrence and also snatching a silver chain from the neck of the informant. The informant was brought to the hospital for her treatment.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous enmity and land dispute is going on between them. He further submits that there is no specific allegation against the petitioner and the injury found by the doctor on the person of the informant is simple in nature caused by hard and blunt substance. He further submits that the petitioner has got clean antecedent.

In the facts and circumstances of the case, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender in the court below within six weeks from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Forbesganj P.S.Case No.806 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) B.Kr./- U T