Arjun Yadav @ Arjun Prasad And ORS. v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.19256 of 2015 (4) dt.30-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19256 of 2015 Arising Out of PS.Case No. -1460 Year- 2011 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================
1. Arjun Yadav @ Arjun Prasad son of Late Dhobi Yadav,
2. Chandar Yadav @ Ramchandar Yadav son of Late Dhobi Yadav,
3. Pappu Yadav son of Chandra Yadav @ Ramchandra Yadav
4. Dipu Yadav @ Dipu Kumar son of Chandra Yadav @ Ramchandra Yadav All resident of village- Bhojpur, P.S. Atri, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi W/o Lalan Prasad, R/o Vill.- Bhojpur, P.S.- Atri, DistrictGaya .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-07-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Protest Complaint Case No. 1460 of 2011 in which cognizance has been taken under Sections 147, 148, 149, 302, 201, 452, 448, 380 of the Indian Penal Code and Section 27 of the Arms Act. At the very outset, it is submitted that on the basis of protest complaint case the petitioners have been implicated falsely. Atri P.S. Case No. 30 of 2006 was earlier instituted wherein the Police after completing investigation submitted final form which was accepted vide order dated 01.08.2011 by learned C.J.M. but
Patna High Court Cr.Misc. No.19256 of 2015 (4) dt.30-07-2015 on the basis of protest complaint again cognizance has been taken. The complainant's family members have been convicted in Atri P.S. Case No. 27 of 2006 and this case in retaliation has been brought.
Learned APP fairly submits that final form was submitted and the same was accepted and on the basis of protest petition cognizance has been taken.
In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Ms. Kalpana Srivastava, J. M. Ist Class, Gaya in connection with Complaint Case No. 1460 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T