Patna High CourtCR. MISC./1100/2018bail granted

Yogendra Rishideo And ORS v. The State Of Bihar

2018-01-18Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1100 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Yogendra Rishideo, Son of Mukhtar Rishideo.

2. Badri Rishideo, Son of Polai Rishideo.

3. Sabutari Devi @ Kabutari Devi, Wife of Yogendra Rishideo.

4. Ramiya Devi @ Raniya Devi, wife of Badri Rishideo. All residents of Village- Ramnagar Mahesh, Ward No. 05, P.S. -Srinagar, District- Madhepura.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Srinagar P.S. Case No.8 of 2017 registered under Sections 323, 379, 384, 504, 506 and 354B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the instant FIR has been instituted on 22.01.2017 for an occurrence which is said to have taken place on

Patna High Court Cr.Misc. No.1100 of 2018 (2) dt.18-01-2018 08.01.2017 on the basis of a complaint, which was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation in complete violation of law laid down by the Supreme Court in Priyanka Srivastava & Anr. Vs. State of Uttar Pradesh & Ors. [(2015) 6 SCC 287]. He submitted that co-accused Bijal Rishideo and Smt. Lila Devi having more or less identical allegation to that of the petitioners have already been granted pre-arrest bail by a Bench of this Court vide order dated 20.07.2017 passed in Cr. Misc. No.33415 of 2017.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. However, he did not dispute the fact that two other co-accused having more or less identical allegation to that of the petitioners have already been granted pre-arrest bail by a Bench of this Court.

Considering the submission made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.1100 of 2018 (2) dt.18-01-2018 learned A.C.J.M.-II, Madhepura in connection with Srinagar P.S. Case No. 8 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T