Khokho Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11359 of 2019 Arising Out of PS. Case No.-145 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

KHOKHO YADAV, Son of Late Siro Yadav 2.

Ranjay Yadav, S/o Khokho Yadav 3.

Madhu Devi, W/o Sanjay Yadav 4.

Geeta Devi, W/o Khokho Yadav All are Resident of Vilalge- Nauranga, P.S.- Chautham, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Chautham P.S. Case No. 145 of 2018 registered for the offences punishable under Sections 323, 341, 504, 308 and 379/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners and the informant are full brothers and on account of ornament dispute the alleged occurrence took place. It is submitted that although there are allegations of causing assault against the petitioner no.2, but there is no injury on the body of the informant's side and no case under Section 308 of the Indian

Patna High Court CR. MISC. No.11359 of 2019(2) dt.26-02-2019 2/3 Penal Code is made out against the petitioners. Learned counsel further submits that there are general and omnibus allegations against all the petitioners.

On the other hand, learned APP for the State submits that so far as petitioner no.2 is concerned, there is an allegation that he had assaulted the informant's side by lathi and danda. So far as other petitioners are concerned, there are general and omnibus allegations against all of them.

Considering the facts and circumstances of the case wherein it appears that both the parties are own brothers and their family members and on some ornament dispute this alleged occurrence is said to have taken place, but there is no injury of assault on the other side, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned Judicial Magistrate-1st Class, Khagaria in connection with Chautham P.S. Case No. 145 of 2018, G.R. No.2014/2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of

Patna High Court CR. MISC. No.11359 of 2019(2) dt.26-02-2019 3/3 investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T