Ranbir Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72387 of 2018 Arising Out of PS. Case No.-108 Year-2017 Thana- SUIYA District- Banka ======================================================
1. Ranbir Yadav, Son of Girdhari Yadav,
2. Parma Devi @ Panwa Devi, Wife of Girdhari Yadav, Both resident of Village- Virajpur, P.S.- Chandramandi, District- Jamui.
3. Jay Kant Yadav, Son of Late Rasun Yadav, Resident of Village- Goura, P.S.- Chandan (Anandpur) District- Banka.
4. Sohan Yadav, Son of Kishun Yadav,
5. Upenra Yadav, Son of Mahendra Yadav,
6. Arvind Yadav, Son of Mahendra Yadav, All are resident of Village- Asha Tari, P.S.- Suiya, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Adv.
For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,323,448,308,504,506 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Babu Lal Yadav to the Station House Officer, Suiya Police Station to the effect that six accused persons, including the petitioners, came to the house of the informant, being variously armed and started abusing and assaulting the informant with lathi and danda causing bleeding injury on his head. When the son of the informant, namely,
Patna High Court Cr.Misc. No.72387 of 2018(2) dt.20-12-2018 2/3 Praveen Yadav came to rescue, then the accused persons also assaulted him.
It is submitted by learned counsel for the petitioners that in fact, the sister of petitioner no.1 was married with the son of the informant and due to a petty dispute, the accusation has been levelled. The injury has been found to be simple in nature. There is a counter version of the occurrence, being Suiya P.S. Case No. 109/2017, levelling accusations under Sections 341,323,308,507,506,34 of the I.P.C. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the accusation of assault has been levelled against the petitioners also.
Considering the accusation being omnibus and general and the nature of injury has been found to be simple, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners 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 Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.72387 of 2018(2) dt.20-12-2018 3/3 amount each to the satisfaction of the learned ACJM-I, Banka, in connection with Suiya P.S. Case No.108 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T