Sakal Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.43531 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43531 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -KOCH District- GAYA ======================================================

1. SAKAL YADAV, S/O LATE GANESHI YADAV.

2. PAPPU YADAV 3.GUDDU YADAV, BOTH ARE SONS OF SAKAL YADAV R/O VILLAGE- KER,P.S KOCH, DISTRICT GAYA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Navin Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Konch P.S. Case No. 66 of 2015 registered under Sections 341, 323, 504, 506 and 384/34 of the Indian Penal Code. The prosecution case is that informant, Dina Nath Sao, had taken loan of Rs.10,000/- before ten years from Ganeshi Yadav, father of petitioner no. 1. After death of Ganeshi Yadav, the said amount was returned to the petitioner no. 1 with interest and the paper about the said returned money has been kept with informant. In spite of that petitioner no.1, son of Ganeshi Yadav along with petitioner nos. 2 and 3 forcibly used to demand of two

Patna High Court Cr.Misc. No.43531 of 2015 (2) dt.14-10-2015 lacs giving threatening to the effect that they have captured the house of the informant. On 03.05.2015, petitioners assaulted the informant and removed from his house.

Learned counsel for the petitioners submits that, in fact, the money as taken by the informant from the father of petitioner no. 1 has not been returned and on making demand this false case has been lodged against the petitioners. Considering the aforesaid submissions, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case No. 66 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing their relation with the petitioners. (Rajendra Kumar Mishra, J) Bhardwaj/- U T