Om Prakash Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20244 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Om Prakash Yadav Son of Hari Lal Yadav.

2. Madan Yadav, Son of Hari Lal Yadav.

3. Abha Devi, Wife of Om Prakash Yadav.

4. Shreepati Devi, Wife of Madan Yadav, All are Resident of VillageMurarpur Babuat, P.S. Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mr. Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2017 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 432 of 2016 for offences under Sections 341, 447, 323, 307, 379, 504/34 of the Indian Penal Code.

After some arguments, learned counsel for the petitioners prayed for withdrawal of the case on behalf of petitioner no.1, Om Prakash Yadav with liberty to approach the Court below concerned for regular bail.

The petition for anticipatory bail on behalf of the petitioner No. 1, Om Prakash Yadav is, accordingly, dismissed as

Patna High Court Cr.Misc. No.20244 of 2017 (2) dt.06-06-2017 2/2 withdrawn.

In the event the petitioner No. 1 Om Prakash Yadav surrenders before the court below and prays for regular bail, his application will be considered on its own merit without being influenced by the withdrawal of his prayer for anticipatory bail. Now, adverting to the case of the petitioner Nos. 2 to 4, from perusal of the FIR, it appears that there is no specific overt act of assault against petitioner Nos. 2 to 4. In view of the aforesaid facts and the statements made in para-3 of the petition that the petitioners have got no criminal antecedent, let the petitioner Nos. 2 to 4, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 432 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) S.Pandey/- U T