Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17949 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== 1.

DHARMENDRA YADAV Son of Ramprit Yadav Resident of Village - Nirmani Math, P.S.- Hulasganj, District- Jehanabad 2.

Parmendra Yadav Son of Ramprit Yadav Resident of Village - Nirmani Math, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the State :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 379, 504, 509 and 34 of the Indian Penal Code.

Allegedly, the accused persons were erecting the wall beside the house of the informant. When it was protested, the accused persons assaulted him by means of lathi, danda and iron

Patna High Court CR. MISC. No.17949 of 2020(2) dt.15-07-2020 2/3 rod, as a result of which, the informant sustained injury on his hand. It is further alleged that when the other family members came to rescue the informant, they were also assaulted. It is also alleged that ear-ring and Nathia were also snatched away in the occurrence.

It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Due to petty reason, free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad in

Patna High Court CR. MISC. No.17949 of 2020(2) dt.15-07-2020 3/3 connection with Hulasganj P.S. Case No. 170 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T