Patna High CourtCR. MISC./48908/2015disposed

Kanak Lal Yadav @ Tanak Lal Yadav And ORS v. The State Of Bihar

2015-11-10Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48908 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -RAUTARA District- KATIHAR ======================================================

1. Kanak Lal Yadav @ Tanak Lal Yadav Son of Late Jaibu Yadav,

2. Shambhu Yadav,

3. Guddu Yadav, Both Sons of Kanak Lal Yadav @ Tanak Lal yadav, All resident of village - Baharkhal, P.S. - Rautara, District - Katihar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-11-2015 Petitioners apprehend their arrest in a case under sections 341,323,354B,504/34 Indian Penal Code and under SC and S T Act.

The petitioners submit that the instant case is by way of retaliation to the earlier case lodged by petitioner no.1 in 1993 against the brother of the complainant in which case he is permanent absconder and when police began to look for him, the instant case has been filed. Learned counsel for the petitioners submits that the brother of the complainant also has filed a case with respect to the incident of 1.7.2015. He submits that from bare perusal of both cases it would appear that false allegation has been made against the petitioners. Further, no case under SC and ST Act is made out against them. Having regard to the facts and circumstances of the

Patna High Court Cr.Misc. No.48908 of 2015 (2) dt.10-11-2015 2/2 case, if the petitioners as mentioned above surrender and seek regular bail in PS.Case No. -21 Year- 2015 Thana -RAUTARA District- KATIHAR, the same would be disposed of on the same day also taking into consideration the contradictions appearing in two aforesaid cases lodged by the complainant and her brother, one after another.

(Samarendra Pratap Singh, J) Shashi.

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