Dipak Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6960 of 2016 Arising Out of PS.Case No. -93 Year- 2015 Thana -PRANPUR District- KATIHAR ======================================================

1. Dipak Yadav Son of Rajendra Yadav

2. Arun Yadav Son of Rajendra Yadav

3. Chandni Devi Wife of Rajendra Yadav All are resident of Village -Ram Chandrapur, P.s Pranpur District katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abdul Wadood For the Opposite Party/s : Mr. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pranpur Police Station Case No. 93 of 2015, disclosing offences under Sections 341, 323, 324, 379, 307, 504 and 506/34 of the Indian Penal Code.

Learned Counsel for the petitioners submits that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegation as contained in the First Information Report. The occurrence apparently had taken place over some dispute regarding passage between the petitioner and the informant. He also submits that the present case is counter version of the case got instituted by

Patna High Court Cr.Misc. No.6960 of 2016 (2) dt.14-03-2016 2/2 the petitioner no. 1, being Pranpur Police Station Case No. 92 of 2015.

Considering the genesis of the occurrence and nature of accusation, this application is allowed. Let the petitioners, namely, Dipak Yadav, Arun Yadav and Chandni Devi, in the event of their arrest or surrender before the Court below within six weeks, be released 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, Katihar, in connection with Pranpur Police Station Case No. 93 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √