Prithviraj Yadav @ Prithivi Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32519 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -RAJPUR District- BUXAR ====================================================== 1.
Prithviraj Yadav @ Prithivi Singh, son of late Kashi Nath Yadav @ Kashinath Singh 2.
Kanhaiya Singh 3.
Indrajeet Singh Petitioner Nos. 2 and 3 are sons of Prithviraj Yadav @ Prithivi Singh, All resident of village Kharika, Police Station - Rajpur, Distt. Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record.
Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Rajpur P.S. Case No. 146 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 379 and 354/34 of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. A Title Suit is also pending between the parties. The injury has been sustained from both sides. The injury report sustained by the informant and husband in the instant case has been annexed as Annexure-3 to the supplementary affidavit wherein the doctor has found simple injury on their person. In the written report, it appears that altercation has taken
Patna High Court Cr.Misc. No.32519 of 2017 (2) dt.14-07-2017 2/2 place when the informant refused to compromise the case registered by her husband against petitioner No. 1.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rajpur P.S. Case No. 146 of 2017, they shall 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 Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T