Jay Jay Ram Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33135 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -HARIZAN District- BEGUSARAI ======================================================
1. Jay Jay Ram Yadav Son of Late Anup Yadav
2. Bijay Yadav Son of Sahdeo Yadav R/o village - Sumariya, P.S. Naokothi, District - Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 354/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. It is alleged that the petitioners along with co-accused Raj Kishore Yadav, Doman Yadav and Vijay Yadav abused the informant by calling caste name. The specific accusation is against co-accused Raj Kishore Yadav to have threatened the informant by pointing pistol on the temple of the informant and co-accused Doman Yadav tore the blause of the
Patna High Court Cr.Misc. No.33135 of 2015 (2) dt.11-08-2015 2/2 informant when co-accused Vijay Yadav removed Saya and Sari of the informant.
It is submitted by learned counsel for the petitioners that for the occurrence of 30.03.2014 the FIR was registered on 07.04.2014 which reached to the court of learned ACJM on 09.04.2014. Hence, the delayed lodging of the case clouds the bonafide of the accusation. Moreover, there is no specific accusation against petitioner no. 1. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Harijan P.S. Case No. 23 of 2014 pending in the court of learned Additional Chief Judicial Magistrate, Begusarai.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T