Manoj Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43957 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -PARAIYA District- GAYA ======================================================

1. Manoj Yadav

2. Vinay Yadav, Both sons of Late Narayan Yadav, both are Resident of Village- Bishunpur, P.S.- Paraiya, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-10-2015 Heard counsel for the petitioners and Mr. Dayal learned APP for the State.

The two petitioners herein seek anticipatory bail in Paraiya P.S. Case No. 41 of 2015 registered, on amongst others, under section 307 IPC. It is alleged that on account of dispute relating to the land the petitioner came to the Darwaza of the informant and assaulted her with fists, slaps and Lathi(s). When the husband came to her rescue, he was also assaulted. Counsel for the petitioner referring to the FIR submits that specific allegation of assault to the husband as well as the informant is not attributed to the petitioners. The injured received injuries on the head were caused by other accused persons. The

Patna High Court Cr.Misc. No.43957 of 2015 (2) dt.13-10-2015 2/2 wife of the co accused(s) of the present case also lodged a case against the present prosecution side under sections 379 and 506/34 IPC vide Paraiya P.S. Case No. 39 of 2015. The petitioners do not carry any criminal antecedent.

Regard being had to the submissions that specific allegation of assault to the informant and her husband has not been attributed to the petitioners above named, they, in the event of arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction CJM, Gaya in Paraiya r P.S. Case No. 41 of 2015 on condition that one of the bailors shall be their own/close family members. In the event of framing of charge, they shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel their bail bonds. (Kishore Kumar Mandal, J) HR/- U T