Patna High Court - Orders
Mahendra Yadav vs The State Of Bihar on 27 September, 2019
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35348 of 2019
Arising Out of PS. Case No.-95 Year-2018 Thana- SIGAUDI District- Patna
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Mahendra Yadav Son of Late Gangu Yadav Resident of Village - Gowari,
P.S.- Sigori, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Parashuram Singh
For the Opposite Party/s : Mr.Ashok Kumar
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
6 27-09-2019Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sigori P.S. Case No. 95 of 2018, registered under Sections 324, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 04.12.2018, Raju Yadav, son of the informant, Suresh Yadav, was cleaning his drain situated near his house. At that time, Mahendra Yadav (petitioner), Chandan Yadav, Kundan Yadav, Rekha Devi and Sharda Kumari daughter of petitioner having farsa, lathi and iron rod came there and started to abuse. When his wife, Kaushlya Devi, made protest then Mahendra Yadav (petitioner) gave Farsa blow causing injury at her head, in which, she fell down and thereafter, petitioner snatched gold chain from her neck and Kundan Yadav also assaulted her through farsa, causing injury at her hand. Thereafter, Chandan Yadav, Rekha Devi and Sarda Kumari, daughter of petitioner, Patna High Court CR. MISC. No.35348 of 2019(6) dt.27-09-2019 2/2 caused injury through iron rod and lathi to Raju Yadav and Kaushlya Devi, in which, Raju Yadav sustained fracture injury at his hand.
Learned counsel for the petitioner submits that the injuries as found on the person of Kaushlya Devi, which is said to be caused by the petitioner, are simple in nature whereas fracture injury as found on the hand of Raju Yadav, which is attributed by Chandan Yadav and daughter of the informant, is grievous in nature. In fact, occurrence took place due to cleaning of drainage and petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- V, Danapur, Patna, in connection with Sigori P.S. Case No. 95 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/-
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