Sitaram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41274 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.
Sitaram Yadav Son Of Sadanand Yadav R/O Village- Tengraha Sikiyaha, Ward No.-12, P.S.- Kumarkhand, District- Madhepura 2.
Sadanand Yadav Son Of Din Dayal Yadav R/O Village- Tengraha Sikiyaha, Ward No.-12, P.S.- Kumarkhand, District- Madhepura 3.
Tuntun Yadav Son Of Surya Narayan Yadav R/O Village- Tengraha Sikiyaha, Ward No.-12, P.S.- Kumarkhand, District- Madhepura 4.
Binod Yadav @ Binod Kumar Son Of Nirdhan Yadav R/O VillageRanipatti, Sukhasan, Ward No.- 01, P.S.- Kumarkhand, District- Madhepura 5.
Samo Devi Wife Of Nirdhan Yadav R/O Village- Ranipatti, Sukhasan, Ward No.- 01, P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case, registered for the offences punishable under Sections 341, 323, 365, 120B, 504/34 of the Indian Penal Code.
Prosecution case in brief is that on the alleged date and time of occurrence, all the petitioners along with other coaccused persons came at the house of informant and started assaulting her son Rajendra Yadav. When the informant along
Patna High Court CR. MISC. No.41274 of 2022(3) dt.13-03-2023 2/3 with other family members came to save him, the accused persons also assaulted the informant and others. It is further alleged that the accused persons tied the hands of Rajendra Yadav (son of informant) and took him forcibly on motorcycle. The husband of informant Yogendra Yadav who is mentally ill also went missing after one day of the alleged occurrence. It is submitted that there is marital discord between the son of informant and his wife. Petitioner no. 1 is brother-inlaw, petitioner no. 2 is father-in-law of the son of informant. Petitioner no. 5 is Gotani of informant. It is further submitted that both parties entered into compromise and in this regard a compromise petition dated 30.03.2022 has been filed by both the parties in which informant accepted that his son Rajendra Yadav was working in Delhi and her husband Yongendra Yadav died. Petitioners claim clean antecedents.
Considering the facts aforesaid and the fact that both parties entered into compromise, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six 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
Patna High Court CR. MISC. No.41274 of 2022(3) dt.13-03-2023 3/3 learned Additional Chief Judicial Magistrate II, Madhepura in connection with Kumarkhand P.S. Case No. 217 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T