Bindeshwari Yadav And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29184 of 2015 Arising out of PS.Case No. -187 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Bindeshwari Yadav, S/o Late Darogi Yadav.
2. Sikandar Yadav, S/o Sri Bindeshwari Yadav.
3. Rajesh Yadav, S/o Sri Bindeshwari Yadav.
4. Vikash Yadav, S/o Sri Bindeshwari Yadav.
5. Bidhya Devi @ Vidiya Devi @ Bidya Devi, W/o Sri Bindeshwari Yadav. All residents of Village Lohjar, Police Station Maranga, District Purnea.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Kanchan Devi W/o Sri Naresh Yadav Resident of Village Lohjar, P.S. Maranga, District Purnea.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sunil Kumar Singh For the State : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 The petitioners are apprehending their arrest in connection with Complaint Case No. 187/2015 for the offences instituted under Sections 323, 325, 341, 354, 379, 307, 384/511, 506/34 of the I.P.C. and 3⁄4 of the Dayan Act but the court below took cognizance under Sections 323, 379 of the I.P.C. and 3⁄4 of the Dayan Act.
Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that while the
Patna High Court Cr.Misc. No.29184 of 2015 (2) dt.27-07-2015 2/3 complainant was taking water from Tube Well at her door, the accused persons came and assaulted her with Lathi when the complainant's husband came to save her he was also assaulted by them. It is further alleged that accused persons tied the complainant's husband with rope. The accused persons caught hairs of the complainant and assaulted her and told her to recover their cows. They also tried to administer stool to the complainant. The brother of the complainant threatened the accused persons to inform the police then they fled away. The accused persons took her silver chain, ring and cash of Rs. 6500/- and one watch of her husband.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are next door neighbourers of the complainant and due to land dispute they have falsely been implicated in the present case. Nothing has been recovered from possession of the petitioners. On behalf of the State it has been submitted that the petitioners are named in the complaint case.
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 Complaint
Patna High Court Cr.Misc. No.29184 of 2015 (2) dt.27-07-2015 3/3 Case No. 187/2015 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 J.M. IInd Class, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T