Shyam Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7472 of 2018 Arising Out of PS.Case No. -74 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================
1. Shyam Yadav, son of Dhanpat Yadav
2. Shankar Yadav, son of Dhanpat Yadav
3. Ranjit Yadav, son of Dhanpat Yadav
4. Rajesh Yadav, son of Chaturanand Yadav
5. Chaturanand Yadav, son of late Bholai Yadav All are residents of village Bishanpur, Ward No. 06, P.S. Jogbani, Distt. Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Jogbani P.S. Case No. 74 of 2017 instituted for the offence under Sections 323, 325, 341 and 376/511 of the Indian Penal Code. Learned counsel for the petitioners has submitted that from the impugned order itself it is apparent that injuries found on the person of the injured were simple in nature. Both the parties are Gotias. In the impugned order it is mentioned that the victim Rinku Devi is wife of younger brother of petitioner No. 1. The police has after investigation found case true for the offence under Section 323, 325, 341, 354 and 504/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.7472 of 2018 (2) dt.27-02-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Jogbani P.S. Case No. 74 of 2017, they shall be released on anticipatory 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 Additional Chief Judicial Magistrate-1st, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T