Rajeshwer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1294 of 2020 Arising Out of PS. Case No.-149 Year-2016 Thana- HARLAKHI District- Madhubani ====================================================== 1.

Rajeshwer Yadav Son of Gudari Yadav Resident of Village- Sothgan, P.S.- Harlakhi, District- Madhubani.

2.

Ram Deo Yadav Son of Gudari Yadav Resident of Village- Sothgan, P.S.- Harlakhi, District- Madhubani.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Harlakhi P.S. Case No. 149 of 2016, registered for the offence punishable under Sections 147, 149, 341, 323, 354, 380, 452 and 504 of the Indian Penal Code.

It is alleged that accused persons including these petitioners abused the daughter of informant and committed theft of money and ornaments and also assaulted the husband of informant.

It is submitted that petitioners have falsely been implicated in this case. Charge-sheet has been submitted against

Patna High Court CR. MISC. No.1294 of 2020(2) dt.24-02-2020 2/3 these petitioners under Sections 341, 323, 354, 504 and 34, but the learned court below differing the with the same took cognizance under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code. There is case and counter case. Petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 149 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.1294 of 2020(2) dt.24-02-2020 3/3 (ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T