Ashok Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53840 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================
1. Ashok Yadav
2. Yadu Yadav Both son of Late Saryu Yadav and resident of VillageMajhuli, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Adv. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379 and 504/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.
The prosecution case is that informant was invited on the inauguration of Jain temple when he was not allowed to enter into the temple, abused by calling caste name and assaulted. It is submitted by learned counsel for the petitioner that for the occurrence of 17.01.2015 the FIR was registered on 19.10.2015 and subsequently the informant has retracted from his initial version and has filed a petition to that effect before learned court below. There is counter version of the occurrence also. A
Patna High Court Cr.Misc. No.53840 of 2015 (2) dt.27-11-201 2/25 statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Sherghati, Gaya in connection with Barachatti P.S. Case No. 34 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T