Krishna Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37864 of 2015 Arising Out of PS.Case No. -34 Year- 2014 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Krishna Yadav Son of Mithilesh Yadav

2. Mithilesh Yadav Son of Late Jageshwar Yadav

3. Ram Pukari Devi W/o Mithilesh Yadav

4. Ajay Yadav Son of Mithilesh Yadav

5. Vijay Yadav Son of Mithilesh Yadav

6. Akhilesh Yadav Son of Mithilesh Yadav

7. Bablu Yadav Son of Mithilesh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. Uday Chandra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 323, 376, 511, 504, 379 and 506/34 of the Indian Penal Code. It is alleged that petitioner no.1 Krishna Yadav entered into the house of the informant and tried to ravish her when alarm was raised by the daughter of the informant then other FIR named

Patna High Court Cr.Misc. No.37864 of 2015 (2) dt.21-09-2015 2/3 accused persons came and assaulted the informant and took away cash and ornaments.

It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled and, subsequently, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-2 to the supplementary affidavit. Moreover, A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the thrust of accusation against petitioner no. 1 Krishna Yadav, let the learned court below consider prayer for regular bail of petitioner no.1, if he surrenders within a period of six weeks.

So far as petitioner nos. 2 to 7 are concerned, the accusation of making assault and taking away articles against them is omnibus and general and moreover, the informant has retracted from initial version, let them be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Saharsa

Patna High Court Cr.Misc. No.37864 of 2015 (2) dt.21-09-2015 3/3 in connection with Saharsa Mahila P.S. Case No.34 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T