Patna High Court - Orders
Bharat Yadav vs The State Of Bihar on 17 April, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24779 of 2019
Arising Out of PS. Case No.-62 Year-2018 Thana- NAWADA MUFFASIL District- Nawada
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1. BHARAT YADAV, aged about 47 years (M), Son of Late Rambhajju Yadav
Resident of Village - Pansalla, P.S.- Mufassil, District- Nawada
2. Girja Devi, aged about 45 years (F), Wife of Bharat Yadav, Resident of
Village - Pansalla, P.S.- Mufassil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha
For the Opposite Party/s : Mr. Binod Kumar
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 17-04-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nawada Mufassil P.S. Case no. 62 of 2018, registered under Sections 341, 323, 324, 325, 307, 379 and 354/34 of the Indian Penal Code.
Petitioner Bharat Yadav is said to have assaulted on the hand of the daughter of the informant namely Pooja Kumari inflicting fracture injury on her hand while petitioner Girja Devi is said to have assaulted on the head of the informant by means of garasa.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Patna High Court CR. MISC. No.24779 of 2019(2) dt.17-04-2019 2/2 Petitioners have been falsely implicated in the case. There is a case and counter case between the parties. Case of the petitioners is earlier to the case under hand. There is inordinate and abnormal delay of 6 days in lodging the F.I.R. by the informant. The injury sustained by Pooja Kumari is on non- vital part while the injury on the head of the informant has been found by the doctor as simple in nature caused by hard and blunt substance and not by sharp cutting weapon. Petitioner no.2 happens to be lady. Petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Nawada Mufassil P.S. Case No. 62 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/-
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