Umesh Yadav @ Umesh Prasad Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14102 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -SC/ST PS DistrictGOPALGANJ ======================================================

1. Umesh Yadav @ Umesh Prasad Yadav son of Late Shri Kishun Yadav

2. Sushila Devi wife of Umesh Yadav Both residents of Mohalla Hajiapur, Ward No. 26, P.S. Gopalganj, District Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Adv. For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.

The petitioners apprehend their arrest in Gopalganj SC/ST P.S. Case no. 50 of 2014, registered for the offences punishable under Section 337 and other Sections of the Indian Penal Code.

The informant alleged that the petitioners came and abused the informant and his wife and asked about removing their bricks. The informant replied that the bricks were kept on his land on such the petitioners became angry and assaulted his wife with bricks and stones.

It is submitted that the entire allegations are false and concocted. Petitioner no. 1 filed a case bearing Gopalganj P.S.

Patna High Court Cr.Misc. No.14102 of 2015 (2) dt.08-05-2015 2/2 Case no. 446 of 2014 against the informant and others. After eight days of the aforesaid case, the informant lodged present case. The petitioner also filed an informatory petition that the informant and others have tried to break the pipe and committed theft of 500 bricks of the petitioners.

Considering the facts aforesaid and the fact that the occurrence appears to have taken place on account of previous enmity and the petitioners are neighbour of the informant, 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, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 50/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T