Sanjay Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9646 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Sanjay Yadav Son of Pratibha Yadav

2. Om Prakash Yadav son of Pratibha Yadav

3. Pratibha Yadav @ Rajnath Yadav son of late Bahadur Yadav All of the Resident of Village- Gawai Muhalla- Bhabua ward no. 20 Police station Bhabua district Kaimur Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jaya Prakash Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with SC/ST P.S. BBA Case No. 32 of 2015 registered under Sections 341, 323, 354(B), 504, 506/34 of the Indian Penal Code and section 3(i) (x) (xi) of the SC/ST Act.

The accusation is that on 12.07.2015 at about 10:30 am. informant Madhu Devi, a member of ward, was talking to her ward's member, Neelu Devi, at that time, petitioners belonging to same

Patna High Court Cr.Misc. No.9646 of 2016 (2) dt.12-04-2016 2/3 ward reached there and started to abuse her. When she made protest then petitioner no.3 Pratibha Yadav abused her and pressed her neck. In the meantime, petitioner no.2 Om Prakash Yadav came and also started to abuse her.

Learned counsel appearing on behalf of the petitioners submits that there is political dispute in between the parties. In fact, the petitioners have opposed informant in the election but she was elected as Ward Member and thereafter she lodged the present case against the petitioner with false allegation. Moreover, the informant herself has filed the Petition in the Court of Judicial Magistrate, Bhabua about removal of misunderstanding between the parties for settlement of dispute.

Having considered the facts and circumstances of the case and nature of allegation, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks

Patna High Court Cr.Misc. No.9646 of 2016 (2) dt.12-04-2016 3/3 from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, BBA Court, Kaimur at Bhabua in connection with SC/ST P.S. BBA Case No. 32 of 2015 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T