Vijay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7213 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- SAUR BAZAR District- Saharsa ======================================================

1. Vijay Yadav, Son of Late Chandeshwari Yadav Resident of Village - Tiri, Ward no. 01, P.S.- Saharsa,

2. Rajesh Yadav @ Ranjeet Kumar Son of late Chandeshwari Yadav Resident of Village - Tiri, Ward no.01, P.S. - Saharsa.

3. Birbal Yadav Son of late Chandeshwari Yadav Resident of Village - Tiri, Ward no.01, P.S. - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Saurbazar (Sour Bazar) P.S. Case No. 518 of 2018 dated 12.09.2018 instituted for the offences under Sections 341, 323, 379, 307, 354, 504 and 506 and 34 of the Indian Penal Code.

The petitioners are alleged to have abused the wife of the informant. Later, it has been alleged that petitioner no. 2 dragged the wife of the informant by catching her hair whereas petitioner no. 1 is said to have assaulted the informant with an iron rod on his head but the informant was injured in his hand. Some personal belongings were also taken away by the accused persons.

Patna High Court Cr.Misc. No.7213 of 2019(2) dt.07-02-2019 2/2 Learned counsel for the petitioners has submitted that the FIR has been lodged after delay of four days. There is a counter version of the occurrence by the brothers of the petitioners, in which the informant of the present case has been made an accused. The aforesaid case viz. Sourbazar P.S. Case No. 1004 of 2018 has been lodged under Section 302 of the IPC. The injuries suffered by the informant and his wife are stated to be simple in nature.

Considering the aforestated facts and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saurbazar (Sour Bazar) P.S. Case No. 518 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T