Patna High CourtCR. MISC./4408/2018bail granted

Mukesh Yadav And ORS v. The State Of Bihar

2018-02-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4408 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -JIRADEI District- SIWAN ======================================================

1. Mukesh Yadav,

2. Nitish Yadav,

3. Chhote Lal Yadav 1 to 3 are S/o Tileshwar Yadav,

4. Indal Yadav S/o Jawahar Yadav,

5. Bhola Yadav S/o Nathuni Yadav, All 1 to 5 are R/o Pathardei , P.S.- Zeeradei, Distt.- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Zeeradei P.S. Case No. 44/2017 dated 15.06.2017 instituted for the offences under Sections 341, 324, 379 and 307 of the Indian Penal Code.

It has been alleged by the informant that while he was coming back home, he was surrounded by the petitioners and others and brought to their house, where he was tied to a pole. Later in the night, he is alleged to have been assaulted by the petitioners and others and was also divested of Rs. 5,000/- which he had kept with his person.

Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.4408 of 2018 (2) dt.01-02-2018 2/2 an absolutely false case has been lodged by the informant. In fact, one of the sisters of the petitioner nos. 1, 2 and 3 had filed a complaint against the informant of this case for some sexual misconduct and therefore, the present case has been lodged. Considering the nature of accusation against the petitioners and the background of the enmity, they are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Siwan in connection with Zeeradei P.S. Case No. 44/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T