Sikendra Yadav @ Siko Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61733 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Sikendra Yadav @ Siko Yadav, Son of Kokay Yadav, resident of VillageKopariya, P.S.- Salkhua, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2018 The petitioner seeks regular bail in connection with Salkhua P.S. Case No. 65 of 2018, registered for offences punishable under Sections 341, 323, 325, 307, 504, 302 and 34 of the Indian Penal Code .

Allegation as per F.I.R, is that the wife of informant had gone to see her maize filed and saw that petitioner and others were cutting the crop on which, some wordy altercation took place, thereafter, petitioner and one Chandrashekhar Yadav assaulted thrashed her and assaulted her by means of lathi and another co-accused Fudo Devi also assaulted her, due to which, she sustained injuries and during treatment, succumbed to the injuries.

It has been submitted on behalf of the petitioner that there is delay of three days in lodging of F.I.R. and paragraph -8 of the case diary clearly shows that witnesses have stated

Patna High Court Cr.Misc. No.61733 of 2018(3) dt.20-12-2018 2/2 about the different manner of occurrence and disclosed that it is the co-accused Chandrashekhar Yadav, who assaulted the wife of the informant by means of lathi and against the said Chandarashekhar Yadav and Fudo Devi, final form has been submitted and petitioner has been made scapegoat in this case. Further submission is that petitioner has no criminal antecedent and has been in judicial custody since 22.06.2018. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Saharsa, in connection with Salkhua P.S. Case No. 65 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T