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Patna High CourtCR. MISC./3679/2016bail granted

Sri Bhagwan Choudhary @ Sri Bhagwan Chy And ANR. v. The State Of Bihar

2016-04-11Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.3679 of 2016 (3) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3679 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Sri Bhagwan Choudhary @ Sri Bhagwan Chy. son of Late Rampati Yadav

2. Wakil Yadav @ Wakil Yadav son of Late Ramjeet Yadav, Both resident of village- Srinagar, Police Station- Siwan (M), District- Siwan. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Raghav Prasad, Advocate. For the Opposite Party : Mr. Dr. Kumar Uday Pratap(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehended their arrest in connection with Siwan (M) P.S. Case No. 113/2015 registered for the offences punishable under Sections 147, 341, 326, 307, 379 and 504 of the Indian Penal Code.

The learned counsel for the petitioners submits that there is case and counter case between the parties and the present complaint case has been filed only to save the skin from the case filed by Baby Devi, wife of petitioner no.1, bearing Siwan (M) P.S. Case No. 67 of 2015. It is submitted that the case lodged against this petitioner is after a delay of 24 days and that too only

Patna High Court Cr.Misc. No.3679 of 2016 (3) dt.11-04-2016 when the husband of the informant was arrested in connection with the case filed by the present petitioners. Considering the nature of the allegations made and that there has been injury on both sides and that there is element of vendetta attached to the filing of the present case, let the petitioners above named, 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, 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 Chief Judicial Magistrate, Siwan in connection with Siwan (M) P.S. Case No. 113/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T