Narayan Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.17722 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17722 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -CHAUSA District- MADHEPURA ======================================================

1. Narayan Yadav, son of Late Kuldeep Yadav

2. Suresh Yadav, son of Late Kuldeep Yadav

3. Bilo Yadav @ Birendra Yadav, son of Late Kuldeep Yadav

4. Bablu Yadav, son of Late Kuldeep Yadav

5. Maniya Yadav @ Manjeet Kumar, son of Narayan Yadav All resident of village-Fulout East, Ward No.9, Police Station-Chausa, District-Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.

The petitioners apprehend their arrest in Chausa(Fulaut) P.S. Case No.25 of 2018 registered under Sections 341, 323, 447, 354A, 448, 380, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that on 28.01.2018 at about 10 P.M., all the accused persons entered into her house assaulted the informant and other family members and took away different ornaments and articles from the possession of the informant and her daughter-in-law. The accused persons also threatened to kill. They have already sent her son to jail.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.17722 of 2018 (2) dt.06-04-2018 prior to institution of the present case, Lalo Devi, wife of petitioner No.1, Narayan Yadav filed Chausa(Fulaut) P.S. Case No.376 of 2017 under different sections of the Indian Penal Code and Section 27 of the Arms Act. It is further submitted that in retaliation to that case, the informant filed the present case on 01.02.2018 for the occurrence alleged to have taken place on 28.01.2018. There is land dispute between the parties for which the son of the informant filed Title Suit No.520 of 2016. Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that from the side of the petitioners, an F.I.R.

was lodged prior to institution of the present case, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged 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 learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chousa(Fulaut) P.S. Case No.25 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T