Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12831 of 2020 Arising Out of PS. Case No.-17 Year-2018 Thana- SUIYA District- Banka ====================================================== 1.

Prakash Yadav, Son of Shakun Yadav, Resident of Village- Barguniya, P.S.- Suiya, District- Banka.

2.

Pairu Yadav, Son of Shakun Yadav, Resident of Village- Barguniya, P.S.- Suiya, District- Banka.

3.

Indravati Devi, Wife of Shakun Yadav, Resident of Village- Barguniya, P.S.- Suiya, District- Banka.

4.

Shakun Yadav, Son of Late Sonelal Yadav, Resident of Village- Barguniya, P.S.- Suiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Suiya P.S. Case No. 17 of 2018, registered under Sections 447, 341, 323, 354(B), 427, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 28.03.2018, informant Babita Devi, was present at her land for erecting the boundary wall. At that time, all petitioners reached there and tried to stop the erecting of boundary wall. When the informant made protest

Patna High Court CR. MISC. No.12831 of 2020(2) dt.02-07-2020 2/2 then they started to cause assault through fist, slaps, lathi and danda and tore her blouze. At that time, Prakash Yadav (petitioner no.1) snatched her silver chain from her neck. Learned counsel for the petitioners submits that petitioners and the informant are Gotia and due to land dispute, the present case has been lodged with false allegation. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Banka, in connection with Suiya P.S. Case No. 17 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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