Munnilal Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Munnilal Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No pre-arrest bail granted by this Court; with the aforesaid observation/direction the petitioner was to surrender before the District Court, which is directed to consider his bail application on the same day and pass a reasoned order in accordance with law on the basis of available investigation material.

Issue for consideration

Whether the petitioner, who apprehends his arrest in connection with Majhauliya P.S. Case No. 207 of 2023 dated 14.03.2023 registered under Sections 341, 323, 324, 307, 354(B), 379, 504 of the Indian Penal Code, should be released on pre-arrest bail, given the alleged Pharsa assault on the informant's mother-in-law and the existence of a case and counter case between the agnate sides.

Court's answer

Having considered the rival submissions of the parties and taking into consideration the injury of the mother-in-law of the informant, the Court formed the opinion that the petitioner may surrender before the District Court — i.e., this Court did not itself grant pre-arrest bail.

Ratio / Principle

The Court directed the District Court to consider the petitioner's bail application on the same day and to pass a reasoned order in accordance with law and on the basis of the available material collected in course of investigation.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), Criminal Miscellaneous No. 80350 of 2023, oral order dated 10-01-2024: pre-arrest bail application of petitioner Munnilal Yadav, apprehending arrest in connection with Majhauliya P.S. Case No. 207 of 2023 dated 14.03.2023 (District West Champaran), registered under Sections 341, 323, 324, 307, 354(B), 379, 504 of the Indian Penal Code. FIR alleges the petitioner assaulted the informant's mother-in-law with a Pharsa on her head with an intention to commit murder; petitioner and informant sides are agnates with a case and counter case for the same incident; petitioner has one antecedent lodged by the informant's husband; petitioner's counsel submitted the victim's injury is simple in nature, while the learned APP, referring to paragraph no. 4 of the impugned order, pointed to a parietal-region head injury (vital part of the body). This Court did not itself grant pre-arrest bail: it opined that the petitioner may surrender before the District Court and directed the District Court to consider the bail application on the same day and pass a reasoned order in accordance with law on the basis of material collected in investigation; the application stands disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 80350 of 2023

Arising Out of PS. Case No.-207 Year-2023 Thana- MAJHAULIA District- West Champaran

======================================================

Munnilal Yadav S/O Gudari Yadav Village- Majhariya Shekh, Ward No. 1, P.S. Majhauliya, Dist. West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s : Mrs. Rita Verma, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 10-01-2024

Heard Mr. Anant Kumar Mishra, learned Counsel

appearing on behalf of the petitioner and Mrs. Rita Verma, learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No.207 of 2023 dated 14.03.2023 registered under Sections 341, 323, 324, 307, 354(B), 379, 504 of the Indian Penal Code.

As per the allegation made in the FIR, the petitioner had assaulted the mother-in-law of the informant by means of Pharsa on her head with an intention to commit murder.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner and informant sides are agnates and there is case and counter case between them and also for the same incident, which has taken place between them,

Patna High Court CR. MISC. No. 80350 of 2023(2) dt.10-01-2024 2/3

the petitioner has been made accused. The petitioner’s side has also lodged an FIR arising out of the same incident. He further submitted that both the parties were engaged in fierce fight and in course of the same, without any intention, in his self-defence, the petitioner may have caused some injuries on the informant’s side. Petitioner has one antecedent lodged by the husband of the informant. Learned counsel further submitted that the injury sustained by the victim is simple in nature.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail and submitted that from perusal of the discussion made in the paragraph no.4 of the impugned order, it appears that the injury sustained by the mother-in-law of informant is on the parietal region of the head, which is a vital part of the body. As such, the petitioner does not deserve to be released on bail. But both the parties were indulged into a fierce fight though it is contended by the petitioner that the said incident was caused without intention.

Having considered the rivals submissions made on behalf of the parties, as well as, taking into consideration the injury of mother-in-law of the informant, I am of the opinion that petitioner may surrender before the District Court. The District Court is directed to consider the bail application of the

Patna High Court CR. MISC. No. 80350 of 2023(2) dt.10-01-2024 3/3

petitioner on the same day and pass a reasoned order in accordance with law and on the basis of available material collected in course of investigation.

With the aforesaid observation/direction, the present application stands disposed of.

(Purnendu Singh, J.)

Chn/Ashishsingh/-

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