Abhinandan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35504 of 2017 Arising Out of PS.Case No. -330 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Abhinandan Yadav Son of Fagu Yadav,
2. Kundan Yadav, son of Abhinandan Yadav
3. Shila Devi, wife of Abhinandan Yadav
4. Pmpu Yadav alias Karanti Yadav, son of Abhinandan Yadav
5. Chandan Yadav, son of Abhinandan Yadav, All residents of VillageTalathi, P. S. Sour Bazar ( Patarghat O.P) District-Saharsa
6. Gunjan Devi, wife of Sarban Yadav, Resident of village- Jamhra, P. S. Sourbazar ( Patarhat O.P.) District-Saharsa,
7. Subhan Miyan alias Md. Subhan, son of Marhum Halim, Resident of village-Bharna Musahari, P. S. Sourbazar ( Patarbhat O.P.) DistrictSaharsa .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Sour Bazar (Patarghat O.P) P.S. Case No. 330 of 2015, disclosing offence under Sections 498A, 341,323,307,504,506/34 of the Indian Penal Code.
Petitioner Nos. 1 to 6 are in-laws of the informant and petitioner No.7 said to be the driver of the family of the petitioners.
Learned counsel for the petitioners has submitted that no specific overt act has been alleged against these petitioners.
It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.
Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in Sour Bazar ( Patarghat O.P.) P.S. case No. 330 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail
bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U