Shivnandan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15290 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -MALI District- AURANGABAD ======================================================

1. Shivnandan Yadav, S/o Late Suryadeo Yadav,

2. Virendra Yadav S/o Late Vasdeo Yadav,

3. Gudu Yadav S/o Hira Lal Yadav, All R/o Village- Pawaeeya, P.S.- Mali, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Leelawati Kumari For the Opposite Party/s : Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Mali Police Station Case No. 04 of 2018 registered for the offences punishable under sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

It has been submitted that the nephew of the informant used to tease the daughter of petitioner no. 1, which was protested by the informant. The occurrence of assault took place on account of said protest. The injuries allegedly sustained by the informant or his family members are simple in nature which is apparent from the injury reports annexed with this application. There is also a counter case from the side of the petitioners which has been registered as Mali Police Station Case No. 5 of

Patna High Court Cr.Misc. No.15290 of 2018 (2) dt.09-04-2018 2/2 2018 for the offences under sections 341, 323, 354, 307, 379, 504/34 IPC. Both the parties are resident of same place and allegation of assault is omnibus.

The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the nature of allegation, case and counter case as well as injury report, the prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Mali Police Station Case No. 04 of 2018, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. Mahesh/- (Sanjay Kumar, J) U T