Chhotelal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11167 of 2018 Arising Out of PS.Case No. -110 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================

1. Chhotelal Yadav, Son of Late Mishree Lal Yadav,

2. Jagarnath Yadav, Son of Late Jainath Yadav, Both resident of Village- Jajal, P.S.- Sikandra, Dist- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Sikandra P.S. Case No. 110 of 2015 instituted for the offence under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners are men of criminal antecedent. The injury sustained by the informant is simple in nature. It has further been submitted that only one injury is found on the person of the informant. There is no repetition of blow.

In the written report it is alleged that petitioner No. 1 assaulted the informant with Tangi on her head, on account of which. she fell down. Thereafter, petitioner No. 2 assaulted the informant with lathi and on other parts of her body.

The injury report has been enclosed as Annexure-2

Patna High Court Cr.Misc. No.11167 of 2018 (2) dt.07-03-2018 2/2 wherein the Doctor has found one lacerated wound in middle of scalp measuring 1" x 1⁄4" x 1⁄4" which is opined to be simple in nature caused by hard blunt substance.

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 Sikandra P.S. Case No. 110 of 2015, 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 Sri Manish Kumar Pandey, learned Judicial Magistrate, 1st Class, Jamui, 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