Radheyshyam Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.298 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.298 of 2018 Arising Out of PS.Case No. -351 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Radheyshyam Yadav, Son of Kesho Prasad Yadav,

2. Kiran Devi, Wife of Radheshyam Yadav,

3. Randhir Kumar Yadav, Son of Radheyshyam Yadav, All resident of Village- Sakhua Ward No.03, P.S.- Sour Bazar, Dist- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.

The petitioners apprehend their arrest in Sour Bazar(Pastwar O.P.) P.S. Case No.351 of 2017 registered under Section 307 and other Sections of the Indian Penal Code. The informant alleged that the petitioners went to demand the papers of his land from his elder brother Radhey Shyam Yadav but Radhey Shyam Yadav, his wife and son did not provide papers and disclosed that informant got no share in the land. The petitioners are alleged to have assaulted the informant and others.

The learned counsel for the petitioners submits that petitioner No.1 are elder brother of the informant. Petitioner Nos.2

Patna High Court Cr.Misc. No.298 of 2018 (2) dt.16-01-2018 and 3 are wife and son of petitioner No.1.

From perusal of the injury report of the informant and others, it would appear that they got superficial injuries. It is submitted that some scuffle took place between the family members of two brothers and for that the case is registered under Section 307 and other Sections of the I.P.C. on account of land dispute.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No.351 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T