Rakesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7260 of 2018 Arising Out of PS.Case No. -486 Year- 2017 Thana -BANKA District- BANKA ======================================================
1. Rakesh Yadav, S/o Umesh Yadav,
2. Sita Devi W/o Rakesh Yadav, Both are R/o Village- Bari Bishahar, P.S.- Barahat, District- Banka.
3. Nepali Yadav @ Nepali Kumar Yadav @ Nepali Yadav S/o Udeshwar Yadav,
4. Udeshwar Yadav S/o Late Rameshwar Yadav, Both R/o Latkari, P.S.- Banka, District- Banka .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : M/S Bibhakar Tiwari & Brij Nandan Prasad, Advs.
For the Opposite Party : Mr. Parmanand Prasad, APP 116 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.
The petitioners are apprehending arrest in connection with Banka (Barahat) P.S. Case No. 486 of 2017 for offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.
From the perusal of the records, it transpired that there is case and counter case. Petitioners are accused in Banka (Barahat) P.S. Case No. 486 of 2017 whereas petitioner no. 2, namely, Sita Devi, is informant of Banka (Barahat) P.S. Case No. 487 of 2017. In the counter case filed by petitioner no. 2 allegation is of assault and outraging the modesty of petitioner no.
Patna High Court Cr.Misc. No.7260 of 2018 (2) dt.17-02-2018 2/2 2.
Considering the fact that there is case and counter case in which both sides sustained injury and the fact that petitioners have made specific statement that they have no criminal antecedent, the Court is inclined to grant anticipatory bail to them.
Let the petitioners, above named, in the event of their arrest or surrender, within one month from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Banka (Barahat) P.S. Case No. 486 of 2017 to the satisfaction of the Chief Judicial Magistrate, Banka, or successor Court, subject to the condition enumerated in Section 438(2) of the Criminal Procedure Code.
(Anil Kumar Upadhyay, J) SA/- U