Dashrath Kumar @ Dasrath Yadav @ Dashrath Yadav @ Dasartha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8327 of 2020 Arising Out of PS. Case No.-406 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

Dashrath Kumar @ Dasrath Yadav @ Dashrath Yadav @ Dasartha Yadav Son of Uma Yadav, Resident of Village - Malbathan, P.S.- Katoria, DistrictBanka 2.

Birbal Yadav @ Birbal Prasad Yadav Son of Madho Yadav, Resident of Village - Fullidumar, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savita Devi Wife of Chano Yadav, Resident of Village - Palaniya, P.S.- Jaipur, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-10-2021 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.406 of 2017 registered under Sections 365, 376, 341, 323, 504, 506/34 of the Indian Penal Code but cognizance has been taken only under Section 365 of the I.P.C.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to dirty village politics. The victim lodged a complaint case under Section 376 and other sections of the I.P.C. against the petitioners, that too, after lapse of one month of the alleged occurrence. The petitioners have got clean antecedent and,

Patna High Court CR. MISC. No.8327 of 2020(5) dt.21-10-2021 2/2 therefore, they deserve anticipatory bail.

Learned A.P.P. has opposed the prayer for anticipatory bail.

Having considered the facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Banka in connection with Complaint Case No.406 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Harish/- U T