Raghu Nath Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31852 of 2014 Arising Out of PS.Case No. -45 Year- 2013 Thana -JANKINAGAR District- PURNIA ======================================================
1. Raghu Nath Yadav S/o Hari Yadav
2. Chandan Yadav S/o Late Narayan Yadav
3. Jitendra Kumar Yadav @ Jitendra Yadav S/o Kusho Yadav
4. Raja Ram Kumar Yadav @ Raja Ram Yadav S/o Laddu Yadav
5. Satish Yadav, S/o Rajo Yadav
6. Salesh Yadav, S/o Late Narayan Yadav All resident of village- Vinobagram (Laljee Mandal Tola), P.S.- Jankinagar, District- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Ramshankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 324, 341, 379, 504, 506 of the Indian Penal Code and 3(1) (X) of the S.C./S.T. Act.
It is alleged that the informant was assaulted by the petitioners and Rs. 25,000/- was snatched after abusing by calling caste name.
It is submitted by the learned counsel for the petitioners that there is counter version of the occurrence also being Janki Nagar P.S. Case No. 46 of 2013 and for the
Patna High Court Cr.Misc. No.31852 of 2014 (2) dt.03-02-2015 occurrence of 08.04.2013 at 7.00 P.M, the First Information Report was registered at 2.30 P.M. on 09.04.2013. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Moreover from the First Information Report does not appear that anybody saw the occurrence, hence, no offence under Sections 3(1) (X) of the S.C./S.T. Act is made out.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Janki Nagar P.S. Case No. 45 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T