Ram Sudisht Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47090 of 2016 Arising Out of PS.Case No. -143 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Ram Sudisht Yadav, son of Late Sonelal Yadav.

2. Ram Udgar Yadav, son of Late Sukhi Yadav.. Both resident of Village- Kantahi, Ram Chowk, Bhoware, P.S. & District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 15-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Madhubani P.S. Case No.143 of 2016 registered under Sections 341, 323, 443, 448, 504 and 354(B)/34 of the Indian Penal Code. The accusation is that the informant Ranju Devi, who is widow, used to reside with her brother Rajesh Kumar Yadav. The petitioners asked her and her brother to vacate the house giving threatening to kill. In the night of 07.04.2016, all of sudden, the informant heard the sound, then she woke up and saw that the petitioner no.1 was pressing the neck of her brother while the petitioner no.2, Ram Kumar and Raj Kumar, were standing there armed with lathi.

Patna High Court Cr.Misc. No.47090 of 2016 (2) dt.15-12-2016 2/2 When she raised alarm, the petitioner no.1 left her brother asking to kill her. Thereafter, the petitioner no.2 locked her hair and the petitioner no.1 torn her blouse pushing her on the ground and sat on her chest. When the informant raised alarm, all moved from there. Learned counsel appearing on behalf of the petitioners submits that, in fact, the father of the petitioners and Late Surat Yadav, the father of the informant, are own brothers, and Late Surat Yadav had sold the land more than to his share, regarding that there was dispute. Due to that reason, with an ulterior motive, the present case has been lodged by the informant at the instance of her brother Rajesh Kumar Yadav.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Madhubani P.S. Case No.143 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T