Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13358 of 2020 Arising Out of PS. Case No.-229 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== 1.

MAHENDRA YADAV Son of Late Raghu Yadav Resident of VillageGanguli, P.S.-Benipatti, District-Madhubani. 2.

Bhogi Yadav @ Bhogendra Yadav S/o Mahendra Yadav Resident of VillageGanguli, P.S.-Benipatti, District-Madhubani. 3.

Vinod Yadav @ Binod Yadav S/o Mahendra Yadav Resident of VillageGanguli, P.S.-Benipatti, District-Madhubani. 4.

Madan Yadav S/o Raghu Yadav Resident of Village-Ganguli, P.S.-Benipatti, District-Madhubani.

5.

Sunil Yadav S/o Madan Yadav Resident of Village-Ganguli, P.S.-Benipatti, District-Madhubani.

6.

Rahul Yadav @ Gobind Yadav @ Govind Ku Yadav S/o Madan Yadav Resident of Village-Ganguli, P.S.-Benipatti, District-Madhubani. 7.

Ravindra Yadav @ Ravindara Kumar S/o Madan Yadav Resident of VillageGanguli, P.S.-Benipatti, District-Madhubani. 8.

Niramala Devi W/o Vinod Yadav @ Binod Yadav Resident of VillageGanguli, P.S.-Benipatti, District-Madhubani. 9.

Kalusiya Devi W/o Madan Yadav Resident of Village-Ganguli, P.S.- Benipatti, District-Madhubani.

10.

Bimala Devi @ Vimal Devi W/o Bhogi Yadav @ Bhogendra Yadav Resident of Village-Ganguli, P.S.-Benipatti, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice.

Patna High Court CR. MISC. No.13358 of 2020(2) dt.23-06-2020 2/3 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 307, 354(B), 379, 504 of the Indian Penal Code.

Allegedly, the accused persons with common intention having armed with weapon attacked the son, daughter and parents-in-law of the informant. It is also alleged that the informant was also assaulted as a result of which, she sustained injury. It is also alleged that two Bhar gold worth Rs. 60,000/- was also taken away by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Due to village politics, the petitioners have been falsely implicated in the present case. The police after investigation found the offence under Section 307 of the Indian Penal Code to be false. Petitioner Nos. 8, 9 and 10 are ladies. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in

Patna High Court CR. MISC. No.13358 of 2020(2) dt.23-06-2020 3/3 the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Benipatti (Madhubani) in connection with Benipatti P.S. Case No. 229 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T