Randhir Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67116 of 2018 Arising Out of PS. Case No.-216 Year-2018 Thana- DHARHARA District- Munger ======================================================

1. Randhir Kumar Yadav, S/o Muso Yadav,

2. Aman Kumar Yadav, S/o Kapilde Yadav, Both R/o VillageMaharna, P.S.- Dharhara, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Chand Yadav For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 At the outset, it has been submitted that during pendency of this application, the petitioner No. 1 has already been arrested and hence, this application as against the petitioner No. 1 has become infructuous.

Accordingly, this application against petitioner No. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner No. 2 and learned APP for the State.

The petitioner No. 2 is apprehending his arrest in a case registered under Sections 307, 354A of the Indian Penal Code and 27 of the Arms Act as also 8, 10 & 12 of POCSO Act. The prosecution case, in brief, is that the accused persons used to utter slang language to daughter of the informant. It is also alleged that the accused petitioners snapped photo of informant's daughter

Patna High Court Cr.Misc. No.67116 of 2018(2) dt.22-11-2018 2/2 and posted the same on facebook.

It has been submitted on behalf of the petitioner No. 2 that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 2. The alleged occurrence is said to have taken place due to petty reason. The matter has already been compromised between the parties vide Annexure-3 to the present application. On behalf of the State, it is submitted that the petitioner No. 2 is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No. 2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Dharhara P.S. Case No. 216 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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