Mohan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24136 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Mohan Yadav Son of Dashrath Yadav

2. Khanna Yadav Son of Hardeo Yadav Both Resident of village - Chattarpur, P.S. Noorsarai, District - Nalanda .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Sadanand Paswan (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2015 Heard both sides.

The petitioners, two in number, apprehend their arrest in a case under Section 323, 379 and other sections of the Indian Penal Code and Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act.

The informant alleged that the petitioners abused his wife and also assaulted her. On protest, the petitioners also abused the informant by naming his caste. It is submitted that counter version, being Rahui (Bhanganbigha) P.S. Case No. 82/2015, was registered on 18.03.2015 for the same occurrence. The informant Nehru Chaudhary and his wife came on the auto-rickshaw of the petitioner Mohan Kumar and when he demanded fare, Nehru Chaudhary assaulted him with lathi on his head and also snatched

Patna High Court Cr.Misc. No.24136 of 2015 (2) dt.09-07-2015 2/2 money from his pocket.

It appears that the case of the petitioners was lodged prior to the case of the informant of the present case. Considering the facts aforesaid and nature of allegations made against the petitioners, the above named petitioners, 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 the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in SC/ST P.S. Case No. 23/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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