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Patna High CourtCR. MISC./33466/2015disposed

Prabhat Yadav @ Balo Yadav And ORS. v. The State Of Bihar

2015-08-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33466 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Prabhat Yadav @ Balo Yadav, Son of Late Beni Yadav.

2. Anil Yadav, Son of Late Beni Yadav.

3. Sunita Devi, Wife of Prabhat Yadav.

4. Shanti Devi, Wife of Prabhat Yadav.

5. Lata Devi, Wife of Anil Yadav.

6. Sanjay Kumar @ Sanchay Kumar, Son of Prabhat Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Since petitioner no.1 Prabhat Yadav @ Balo Yadav has been arrested, learned counsel for the petitioner seeks permission to withdraw this application with respect to him only. Permission is granted.

Accordingly, this application with respect to petitioner no.1 only stands dismissed as withdrawn.

Heard learned counsels for the petitioners and the State.

Rest of the petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323/324/341/354/379/504/506/34 of the Indian Penal Code. It is alleged that the accused persons took the LTI of the husband of the informant fraudulently on the pretext of providing land and old age pension when protest was being made

Patna High Court Cr.Misc. No.33466 of 2015 (2) dt.13-08-2015 2/2 the informant was assaulted by petitioner no.1 Prabhat Yadav with 'dabiya', petitioner 2 assaulted on her head by iron rod whereas petitioners no.3, 4 and 5 pushed the informant on the earth by catching her hair. It is further alleged that petitioner no.3 Sunita Devi snatched gold chain whereas petitioner no.4 Shanti Devi took away ear-ring of the informant.

It is submitted by learned counsel for the petitioners that the informant is aunt of the petitioners and one abrasion injury has been found simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners (except petitioner no.1) 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 Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.60 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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