Surendra Yadav @ Surendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49384 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== 1.
SURENDRA YADAV @ SURENDRA KUMAR SON OF LATE SADHU YADAV RESIDENT OF VILL- NARAYANPUR, P.S- SIKANDRA, DISTRICT- JAMUI.
2.
LALU YADAV SON OF LATE SADHU YADAV RESIDENT OF VILLNARAYANPUR, P.S- SIKANDRA, DISTRICT- JAMUI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024
1. Heard learned counsel for the petitioners and Mr. Chandra Bhushan Prasad learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 30.01.2024 she was working in her field when the accused persons including the petitioners came and started abusing, asking for her husband on which she replied that he is not here on which Dashrath dashed her on the ground with ill intention and snatched her earrings, on alarm her husband and
Patna High Court CR. MISC. No.49384 of 2024(3) dt.05-10-2024 2/3 father-in-law came when Surendra assaulted her husband by sword causing injury on head, thereafter Subhash assaulted him by knife causing injury on leg, next alleges that all the accused assaulted her father-in-law by rod causing fracture of hand and fled abusing and reason for the occurrence is previous dispute.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of existing land dispute. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the husband of the informant is against Surendra and Subhash is alleged to have assaulted her husband by knife causing injury on leg. It is next submitted that as far as the present petitioners are concerned, no specific allegation of assault is alleged against them.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.49384 of 2024(3) dt.05-10-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikandra P.S. Case No. 38 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T