IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17935 of 2011
1. Naresh Yadav, son of late Gajadhar Yadav
2. Lalu Yadav, son of Naresh Yadav
Both resident of village - Mirzapur Changeri, P.S. -
Banka (Barahat), District - Banka.
-------- Petitioners.
Versus
The State of Bihar -----Opposite Party
*****
05. 15.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
The two petitioners, apprehending their
arrest in connection with Banka (Barahat) P.S. Case
No. 302/2009, for the offences under sections
341/323/307/34 of the Indian Penal Code, pending in
the court of Chief Judicial Magistrate, Banka, are
named accused in this case with allegation of inflicting
injuries upon informant and her husband while they
were seeking due share in respective properties.
Submission is that there is counter version also
and petitioner’s side including petitioner no. 2 and his
wife both have been assaulted by husband of the
informant. Further submission is that injuries caused
upon informant and her husband are simple in nature,
whereas injuries caused upon wife of petitioner no. 1 is
grievous in nature.
Learned Additional Public Prosecutor while
objecting the prayer pointed out that earlier petitioner’s
prayer for anticipatory bail was permitted to be
withdrawn on 11th November 2009 by learned Sessions
Judge, but instead of surrendering before the court below
for which he withdrawn another application was filed
and subsequently rejected.
Further the injuries sustained by the informant
and her husband is on vital part of the body i.e. head.
Considering the facts and circumstances of the case
petitioners are not entitled the privilege sought.
Accordingly, prayer for anticipatory bail of the
petitioners is refused.
Rajeev/ ( Akhilesh Chandra, J.)