Baukoo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16888 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -KUMARGHAND District- MADHEPURA ======================================================
1. Baukoo Yadav, son of Late Chhotkan Yadav,
2. Lalo Yadav, son of Shree Sikendra Yadav,
3. Naresh Yadav, son of Late Singheshwar Yadav, All resident of VillageSonapur Rahta, Ward No.01, Police Station- Kumarkhand, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Kumarkhand P.S. Case No. 214 of 2016, registered for offences punishable under Sections 447, 341, 323, 324, 354-B, 427, 379, 504 and 34 of the Indian Penal Code. The allegation against the petitioners is of snatching a chain from the neck of the informant and so far as the allegation of outraging the modesty is concerned that is against other accused persons.
It has been submitted on behalf of the petitioners that there is a case filed by the petitioners earlier to the lodging of the
Patna High Court Cr.Misc. No.16888 of 2017 (2) dt.20-04-2017 2/3 present case and as such the counter case is the present case which has been lodged by the informant in order to save her skin and even according to the FIR there is no allegation of outraging the modesty of the informant by the petitioners rather the allegation against them is of snatching the chain.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that there is case and counter case and the allegation against the petitioners is of snatching a chain only, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 214 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or
Patna High Court Cr.Misc. No.16888 of 2017 (2) dt.20-04-2017 3/3 tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T