Subhash Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50593 of 2018 Arising Out of PS.Case No. -29 Year- 2017 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Subhash Yadav, son of Dhiro Yadav,
2. Punam Devi, wife of Subhash Yadav, both are resident of Village- Bihar Bhalua, P.S.- Shambhuganj, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate For the Opposite Party/s : Mr. Murlidhar, APP For the Informant : Mr. Om Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Shambhuganj P.S. Case No.29 of 2017 instituted for the offence under Section(s) 341, 323, 337, 308 and 504/34 Indian Penal Code. It has been submitted that there is case and counter case between the parties. Counter case has been filed by the petitioner No.2 against the informant and others vide Mahila P.S. Case No.07 of 2017. Instant case has been filed due to previous family dispute between the petitioners and the informant. In the instant case, allegation against the petitioner No.1 is of assaulting the informant with iron rod on his head. Petitioner No.2 is alleged to have assaulted him by back of bricks
Patna High Court Cr.Misc. No.50593 of 2018 (2) dt.28-08-2018 2/3 on the head of the informant.
The injury report of the informant has been enclosed as Annexure-P/3, which shows that simple injuries were found on the person of the informant.
The Sessions Judge has mentioned in the impugned order that charge-sheet has been submitted for the offence under Section 308 of Indian Penal Code against the petitioners. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Shambhuganj P.S. Case No.29 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.50593 of 2018 (2) dt.28-08-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.
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