Radha Mohan Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21193 of 2016 Arising out of PS.Case No. -233 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Radha Mohan Yadav, S/o late Mahavir Yadav.

2. Kundan Yadav, S/o Radha Mohan Yadav.

3. Krishna Yadav @ Chhotu Yadav @ Rahul Yadav @ Krishna Kumar, S/o Mohan Yadav.

4. Karan Anand @ Bulbul Yadav @ Karn Anand Bulbul, S/o Radha Mohan Yadav.

5. Sita Devi, W/o Radha Mohan Yadav. All residents of VillageBarmasiya, P.S. Sahayak, District Katihar. .... .... Petitioners

Versus

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

For the Petitioners : Mr. S.D. Yadav, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Katihar Town P.S. Case No. 233 of 2016 for the offences instituted under Sections 341, 323, 324, 307, 504 and 379/34 of the IPC.

The prosecution story, in brief, is that on the alleged date of occurrence the informant after taking meal with his family members was at his house all the petitioners being armed with bamboo poles and spears in their hands started abusing and assaulting the informant, his wife and his son by means of bamboo

Patna High Court Cr.Misc. No.21193 of 2016 (3) dt.27-06-2016 2/2 poles which caused injuries to the informant, his wife and his son. The petitioners are further alleged that to have committed alleged occurrence by closing gate of the premises of the informant. Petitioner no. 5 Sita Devi took out spear and handed over the same to petitioner no. 1 Radha Mohan Yadav who attacked with spear on the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case between the parties. Injury has been sustained by both sides. Both the parties are agnates.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Katihar Town P.S. Case No. 233/2016 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 C.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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