Nageshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4929 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Nageshwar Yadav son of Late Jaggu Yadav
2. Bigau Yadav son of Nageshwar Yadav
3. Dipak Yadav son of Bigau Yadav
4. Mathura Yadav son of Bigau Yadav
5. Sita Muni Devi wife of Bigau Yadav, all resident of Village Naugadh, P.S. Bhagwanpur, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Bhagwanpur P.S. Case No. 75 of 2015 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Panel Code and Section 3(I), (X) SC/ST Act.
Learned counsel for the petitioners submits that that the entire allegations are false and fictitious and the provisions of Section 3(I) (X) of the SC/ST Act are not attracted as neither the occurrence took place in public view at public
Patna High Court Cr.Misc. No.4929 of 2016 (3) dt.26-04-2016 2/2 place or for that matter there was any use of caste name so as to inflict insult on the informant.
Considering the nature of allegations made and that the case under Section 307 has not been found out to be true as submitted by the petitioners, let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 75 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Anjana Mishra, J) ajaypd./- U T