Patna High CourtCR. MISC./54403/2016allowed

Dashrath Yadav And ANR v. The State Of Bihar

2016-12-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54403 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54403 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Dashrath Yadav

2. Gorakh Yadav, Both Sons of Kashi Yadav, Resident of Village- Badka, Sihanpura, Police Station- Simari, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Dumraon (N.B.) P.S. Case No. 256 of 2016 registered under Sections- 341, 323, 307, 504 and 34 of the Indian Penal Code. The allegation against the petitioners, who are owner and driver of the truck, is that on asking for wages they pushed the informant from the upper portion of the truck when he was tying tripal over the truck. Informant sustained injuries on his head and was referred to PMCH for better treatment. Learned counsel for the petitioner submits that no occurrence as alleged by the informant has taken place, rather it is an accidental case and the informant fell down from the

Patna High Court Cr.Misc. No.54403 of 2016 (2) dt.23-12-2016 upper part of truck during his duty and got injured. It is further submitted that on getting knowledge of the accident, petitioners reached at the spot and informed all concerned. The family members of the informant on reaching at the spot started demanding huge compensation. It is further submitted that lastly the matter has been amicably compromised as per Annexure-4.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon (N.B.) P.S. Case No. 256 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T