Satya Naryan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19946 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Satya Naryan Yadav, Son of Late Jagat Yadav,

2. Dhirendra Yadav, Son of Late Dhoray Yadav,

3. Brajesh Kumar Yadav @ Brajesh Yadav, Son of Satya Narayan Yadav, All are Resident of Village- Maheshuwa, P.S.- Triveniganj, DistrictSupaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashwani Kumar Tiwary For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 511, 323, 504, 506 and 379/34 of the Indian Penal Code. There is land dispute between the parties and for that dispute, the informant had lodged Triveniganj Police Station Case No. 157 of 2015 on 19.06.2015 against the petitioners' side and the petitioners had lodged Triveniganj Police Station Case No. 158 of 2015 against the prosecution side. Due to that dispute a proceeding under Section 107 Cr.P.C. was also initiated between the parties.

In the aforesaid background, allegation against the

Patna High Court Cr.Misc. No.19946 of 2017 (3) dt.01-07-2017 2/2 petitioners is that they entered into the house of the informant and attempted to commit rape against her. Further allegation is that the accused persons committed theft of utensils.

After hearing the parties and considering the background of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/successor Court in connection with Mahila Supaul Police Station Case No. 64 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T