Lutan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23794 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- MAHILA PS District- Jamui ====================================================== 1.
LUTAN YADAV Son of Late Nem Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
2.
Kodal Yadav @ Parmeshwar Yadav Son of Late Nem Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui. 3.
Ugan Yadav Son of Late Ghutar Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
4.
Dipak Yadav Son of Nago Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
5.
Mallu Yadav Son of Nago Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
6.
Naresh Yadav Son of Late Reeta Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
7.
Sanjay Yadav @ Murari Yadav Son of Late Reeta Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui.
8.
Nageshwar Yadav @ Nago Yadav Son of Late Ghutar Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui. 9.
Chandradeo Yadav @ Kaila Yadav Son of Late Ghutar Yadav Resident of Village - Belatanar, P.S.- Jhajha, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Jamui Mahila Police Station Case No. 02 of 2018, disclosing offences under Sections 147, 148, 149, 313, 379, 354,
Patna High Court CR. MISC. No.23794 of 2019(2) dt.12-04-2019 2/3 307, 428, 504 of the Indian Penal Code, Section 3/4 of the Witch Craft Act and Section 27 of the Arms Act. A complaint case is the basis for registration of the First Information Report. Though there is allegation of opening of fire, but, admittedly, no one received any injury. It has been argued though the date of occurrence has been described as 25.02.2015, the complaint petition was filed on 02.08.2015. Learned Counsel appearing on behalf of the petitioners has contended that inordinate delay in filing of the complaint petition makes the entire allegation suspicious. Considering the nature of accusation, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui, in connection with Jamui Mahila Police Station Case No. 02 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case
Patna High Court CR. MISC. No.23794 of 2019(2) dt.12-04-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √