High Court Patna High Court - Orders

Pancham Lal Yadav &Amp; Anr vs State Of Bihar on 14 July, 2010

Patna High Court – Orders
Pancham Lal Yadav &Amp; Anr vs State Of Bihar on 14 July, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.22111 of 2010
                             1. Pancham Lal Yadav S/o Bokai Yadav
                  2. Shiv Sunder Yadav @ Shyam Sunder Yadav s/o Rit Lal Yadav
                              Both resident of village Gobraura P.S. Khajauli
                                   Dist.Madhubani                     Petitioners
                                                  Versus
                          STATE OF BIHAR                           Opp. Party
                                               -----------

02/ 14.07.2010 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a

complaint case in which cognizance has been taken under sections 323

and 376 of the Indian Penal Code.

Initially Complaint case no.307/2008 was filed which was

dismissed for default. Thereafter the present complaint was filed.

From perusal of the complaint petition, it appears that both sides are

resident of the same place and for the occurrence dated 08.03.2008

complaint was filed on 10.03.2008. The complaint does not depict that

the victim was medically examined nor any medical report was

annexed with the complaint petition.

Considering the aforesaid facts I think that it is fit case for

regular bail. Let the petitioners appear before the learned court below

and the learned court below will pass appropriate order in the light of

the aforesaid observations, if possible, on the same day.

With these observations, this application is disposed of.

Let this order be communicated to the court below (Chief

Judicial Magistrate, Madhubani in Complaint case no. 778/2008)

through FAX at the cost of the petitioners.

      shahid                                                   (Dinesh Kumar Singh,J))