Tufan Kumar @ Tufan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.49312 of 2015 (3) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49312 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Tufan Kumar @ Tufan Yadav son of Gorakh Yadav resident of villageKoylaghat, P.S.- Kotwali (Adampur), Distt- Bhagalpur ... Petitioner with Criminal Miscellaneous No.49855 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Mangal Yadav @ Mandal Yadav Son of Late Fudan Yadav

2. Sumir Yadav Son of Ranakant Yadav

3. Munni Yadav @ Moni Yadav @ Monu Yadav Son of Khokha Yadav All R/o Village Koylaghat, P.S. Adampur, District Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party in both cases ====================================================== Appearance :

(In Cr.Misc. No.49312 of 2015) For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Binod Kumar -Ii(App) (In Cr.Misc. No.49855 of 2015) For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-12-2015 Petitioners apprehend their arrest in a case under sections 307, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, the informant and his family members had gone to Budhanath Mandir to celebrate marriage of his younger brother. In the meantime about 01:30 at night 10 to 15 persons, in drunken state, reached and started

Patna High Court Cr.Misc. No.49312 of 2015 (3) dt.14-12-2015 forcibly taking away informant's wife. Some of the accused persons assaulted the members of informant's family. I find that two of the accused persons, namely, Bipin Yadav and Vikash Yadav have already been allowed anticipatory bail vide orders dated. 04.12.2015 & 19.05.2015 passed in Cr.Misc.Nos. 54817/2015 & 49097/2014 respectively. In the facts of the case, in case of arrest/surrender, let all the petitioners of both the bail petitions named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur at Kotwali (Adampur) P.S. Case no. 133/14 The petitioners would not physically absent for two consecutive dates at a stretch, till framing of charge. (Samarendra Pratap Singh, J) Shashi./- U T