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Patna High CourtCR. MISC./44143/2017bail granted

Suresh Yadav And ANR v. The State Of Bihar

2017-09-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44143 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Suresh Yadav,

2. Ram Bihari Yadav Both are Son of Ram Badan Yadav, R/o VillageSihama, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with G.R. No. 450 of 2017, arising out of Bithan P.S. Case No. 62 of 2017, registered for the offences punishable under Sections 341, 323, 307, 354(A), 379, 504, 506 and 34 of the Indian Penal Code. Allegedly, the petitioners and other co-accused were making construction of the house on the purchased land of the father-in-law of the informant and when the informant forbade them then co-accused Arvind Yadav assaulted her with iron khanti on her head and leg and further tried to assault on her stomach and breast and further tried to outrage her modesty and when the mother-in-law came, she was assaulted by co-accused Maya

Patna High Court Cr.Misc. No.44143 of 2017 (2) dt.20-09-2017 2/2 Yadav and co-accused B.P. Yadav snatched gold atonements valued at Rs. 8,000/- and they further caused threats. Submissions is of false implication and that against the petitioners there is no specific allegation either for assaulting or for committing any overt act, there is case and counter case and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that specific allegation is against Arvind Yadav, Maya Yadav and B.P. Yadav. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, District Samastipur, in connection with G.R. No. 450 of 2017, arising out of Bithan P.S. Case No. 62 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.)