Hardeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4596 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -SC/ST District- AURANGABAD ======================================================

1. Hardeo Yadav, Son of Late Rupu Yadav

2. Rampati Yadav, Son of Hardeo Yadav,

3. Ajay Yadav, Son of Rampati Yadav,

4. Sanjay Yadav, Son of Rampati Yadav, All resident of Village- Gerua, Police Station- Kasma, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-02-2016 Heard learned counsels for the petitioners and the Special P.P.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 504/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the FIR named accused persons went to the house of the informant, asked about

Patna High Court Cr.Misc. No.4596 of 2016 (2) dt.03-02-2016 2/3 her husband Doman Ram. When the husband of the informant came out he was told to accompany the accused persons on motorcycle. On refusal by the husband of the informant the accused persons abused by calling caste name and assaulted the husband and father-in-law of the informant. On protest being made the informant was also abused by calling caste name. It is submitted by learned counsel for the petitioners that for the occurrence of 28.05.2015 the written report was submitted on 01.06.2015 leading to the registration of the FIR and the FIR reached to the court of learned SDJM on 05.06.2015 which suggests that by antedating the FIR has been registered. It is further submitted that petitioner no.

3 is the driver of the informant and due to the wages dispute the accusation has been levelled and hence, the father, grand father and brother of petitioner no. 3 have been made accused. Considering the delayed lodging of the case and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.4596 of 2016 (2) dt.03-02-2016 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with SC/ST Aurangabad P.S. Case No. 11 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T