Sadhu Sharan Yadav @ Sadhu Saran Prasad Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14867 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- ROH District- Nawada ====================================================== 1.

Sadhu Sharan Yadav @ Sadhu Saran Prasad Yadav Aged About 65 Years Gender-Male Son Of Late Baiju Yadav R/O Village- Rushtampur, P.S.- Roh, District- Nawada.

2.

Madhav Kumar Aged About 34 Years Gender-Male Son Of Sri Sadhu Sharan Yadav @ Sadhu Sharan Prasad Yadav R/O Village- Rushtampur, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Sections 341, 342, 323, 337, 379, 354(b), 307, 506/34 of the Indian Penal Code. Informant in her written complaint has alleged that petitioners along with FIR named accused variously armed with lathi, danda came and started assaulting and also tried to outrage

Patna High Court CR. MISC. No.14867 of 2019(2) dt.01-04-2019 2/3 her modesty and when her husband came to save her he was also assaulted on account of which he sustained injuries. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. From perusal of the injury report annexed at Annexure-4 it appears that the injuries are simple in nature. Petitioners are in custody since 02.02.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Roh P.S. Case No. 13 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or

Patna High Court CR. MISC. No.14867 of 2019(2) dt.01-04-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U