Dhananjay Yadav @ Dhanjay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54367 of 2016 Arising Out of PS.Case No. -133 Year- 2016 Thana -SALKHUA District- SAHARSA ======================================================

1. Dhananjay Yadav @ Dhanjay Yadav Son of Bhajan Yadav

2. Ajay Yadav Son of Bhajan Yadav

3. Bablu Yadav Son of Bengo Yadav All are resident of Village- Mali, P.S. Beldour, District- Khagaria.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Salkhua P.S. (Banma O.P.) Case No. 133 of 2016 for the offences instituted under Sections 147, 148, 149, 341, 323, 354, 307, 379, 448, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners is of committing assault upon the informant, when she went to save her husband from assault. It is also alleged that the mother-in-law of the informant also assaulted by accused Mamta Devi. The accused Dhananjay Yadav is also alleged to have taken golden chain from the husband of the informant.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.54367 of 2016 (2) dt.21-12-2016 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. They have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioners. The other co-accused have been granted bail vide Annexure-3 to the present application. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today, in connection with Salkhua P.S. (Banma O.P.) Case No. 133 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T