Patna High CourtCR. MISC./40039/2015bail granted

Daya Ram Yadav @ Dayal Ram Yadav And ANR v. The State Of Bihar

2015-10-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40039 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Daya Ram Yadav @ Dayal Ram Yadav Son of Late Bane Lal Yadav

2. Bipin Yadav @ Bipin Kumar Yadav Son of Daya Ram Yadav Both resident of Radha Kant, P.S. Basopatti, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 504, 506, 379, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that accused persons including the petitioners came, made assault to the informant and other family members, abused by calling caste name and took away jewellary and other articles.

It is submitted by learned counsel for the petitioners that admittedly the occurrence took place inside the house of the informant which can not be treated a place of public view. The injury report does not reflect any apparent injury of the informant's side. Moreover the First Information Report was registered on 17.04.2015 which reached to the Court of Judicial Magistrate, 1st Class, Madhubani on

Patna High Court Cr.Misc. No.40039 of 2015 (2) dt.06-10-2015 2/2 25.04.2015 which suggests that by antedating the F.I.R has been lodged.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Basopatti P.S. Case No. 44 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T