Shiv Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42794 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Shiv Narayan Yadav Son of Late Hridan Yadav

2. Hukumdeo Yadav Son of Shiv Narayan Yadav

3. Bina Devi @ Gita Devi daughter of Shiv Narayan Yadav (wrongly mentioned in F.I.R. as daugher of Kukumdeo Yadav) All are residents of village - Kapchahi, P.S. - Bahadurpur, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 436, 379, 504, 506/34 of the Indian Penal Code.

It is specifically alleged that petitioner nos. 1 and 2 abused the informant by calling caste name and assaulted her. It is also alleged that petitioner no. 3 spitted on the body of the informant and took her payal. When the husband of the informant case to rescue, he was also assaulted by petitioner nos. 1 and 2.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.42794 of 2015 (2) dt.14-10-2015 petitioners that during investigation the accusation was only found true under Sections 341, 323, 354, 427, 504, 506/34 of the Indian Penal Code and 3(i) (x) of the S.C./S.T.(Prevention of Atrocities) Act. Moreover, in the background of land dispute the accusation has been levelled.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the above named petitioner nos. 1 and 2, if they surrender before the learned court below within a period of six weeks from today in connection with Bahadurpur P.S. Case No. 125 of 2015, pending in the court of learned J.M., Ist Class, Darbhanga. Since the petitioner no. 3 is lady, let the above named petitioner no. 3 be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Darbhanga in connection with Bahadurpur P.S. Case No. 125 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T