Hare Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24836 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== 1.
HARE KRISHNA YADAV S/O-LATE BASUDEV YADAV R/o-Nanda Patti, P.s.-Baheri, Distt.-Darbhanga 2.
RAJA BABU YADAV S/O-HARE KRISHNA YADAV R/o-Nanda Patti, P.s.-Baheri, Distt.-Darbhanga 3.
SUBHASH YADAV @ SUBHASH KUMAR YADAV S/O-HARE KRISHNA YADAV R/o-Nanda Patti, P.s.-Baheri, Distt.-Darbhanga ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308, 354, 379 & 504 of the Indian Penal Code. The allegation against the petitioner no.1 is that he is an order giver while petitioner nos.2 and 3 carry allegation of assault and outraging modesty.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to
Patna High Court CR. MISC. No.24836 of 2023(2) dt.07-07-2023 2/2 previous enmity. As a matter of fact, there are series of litigation in between the parties in connection with partition of property. There is admitted property dispute between the parties. It is further submitted that no case is made out under Sections 308, 354 and 379 of the IPC. Petitioners have two criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as also the fact that the dispute between the parties are civil in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Baheri P.S. Case No.397 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T