Radha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45649 of 2017 Arising Out of PS. Case No.-147 Year-2017 Thana- ALOULI District- Khagaria ====================================================== 1.

Radha Devi wife of Ramvajan Yadav 2.

Ramvajan Yadav son of Harinandan Yadav 3.

Diksan Kumar son of Ramvajan Yadav Serial no. 1 to 3 are residents of village - Gidha.

4.

Madhukesh Yadav son of Ramjee Yadav 5.

Ramsundar Yadav @ Ramsunar Yadav son of Mahendra Yadav 6.

Lalo Yadav son of Mahendra Yadav Serail no. 4 to 6 is resident of village - Bhikhari Ghat, All Police Station - Alauli, District - Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 504, 506, 379/34 of the Indian Penal Code and 27 of the Arms Act. Allegation is that the accused persons including the petitioners armed with lathi, danda, iron rod, gun came and assaulted the informant, on account of which he received injuries on his head and hand.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.45649 of 2017(2) dt.03-10-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence no offence under Section 307 I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria in connection with Alauli P.S. case No.147 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T