Tuntun Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4514 of 2018 Arising Out of PS.Case No. -194 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Tuntun Yadav son of Late Ayodhi Yadav

2. Chiranjivi Yadav @ Chirongi Yadav son of Late Bhupal Yadav

3. Ramesh Yadav son of Chiranjivi Yadav @ Chirongi Yadav,

4. Devi Yadav @ Davi Yadav, son of Chiranjivi Yadav @ Chirongi Yadav,

5. Sanjay Yadav son of Ishwar Yadav

6. Jogindra Yadav @ Jogi Yadav son of Arjun Yadav

7. Ramjee Yadav son of Arjun Yadav

8. Sita Yadav son of Brhamdeo Yadav

9. Surendra Yadav son of Dhathori Yadav All are resident of VillageBaijla, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 The petitioners seek bail in anticipation of their arrest in connection with Jhajha P.S. Case No. 194 of 2017 dated 20.07.2017 instituted for the offences under Sections 147, 149, 341, 323, 354, 379, 504, 34 of the Indian Penal Code. It has been alleged in the F.I.R that the petitioners deliberately and maliciously left their cattle in the field of the informant and when it was protested by her, she and another associate of her were abused and assaulted by the petitioners. Learned counsel for the petitioners has submitted that all the petitioners are of the same family and

Patna High Court Cr.Misc. No.4514 of 2018 (3) dt.02-02-2018 2/2 because of an earlier land dispute with the informant, the present case has been lodged. Between the parties, a Title Suit was also contested and an appeal is now pending adjudication before the competent Court. The petitioners had also filed a case vide Jhajha P.S. Case No. 148 of 2016 dated 29.07.2016 under various provisions of the Indian Penal Code including Section 307 of the Indian Penal Code. It has further been submitted that looking at the nature of accusation, no offence under Sections 354 and 379 of the Indian Penal Code can at all be said to have been made out.

For the facts aforestated, the petitioners, above named 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, subject to their furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 194 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.