Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16754 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== 1.

SURESH YADAV Son of Late Sahdeo Yadav 2.

Babita Devi W/o Suresh Yadav Resident of Village-Khoja Bazar (Bindwara), Naya Tola, P.S-Kasim Bazar, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 506, 34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 03.01.2020 her husband was constructing tank of her latrine then her Bhaisur Suresh Yadav (petitioner) along with some other, obstructed in constructing the tank and told that the land belong to him and started assaulting her husband with iron rod on his chest as a result of which he fell down. When she went there to save her husband, then petitioners also assaulted her

Patna High Court CR. MISC. No.16754 of 2020(3) dt.11-09-2020 2/2 with fists and slaps and snatched her both golden ear ring. It has been submitted on behalf of the petitioners that they are innocent and has been falsely implicated in this case. He submits that both petitioners and informant's husband is own brother and there is land dispute between the parties. He submits that occurrence took place on 03.01.2020 but FIR was lodged on 12.01.2020 and there is no explanation regarding the said delay. He further submits that petitioners have no criminal antecedent. In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.

20,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-Munger in connection with Kasim Bazar Police Station Case No. 23 of 2020, G.R. No. 99 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.