Jagdish Narayan Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51063 of 2016 Arising Out of PS.Case No. -2064 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================
1. Jagdish Narayan Yadav son of Late Munga Lal Yadav
2. Bindeshwari Yadav @ Bindeshwari Rai son of Late Munga Lal Yadav
3. Ramyas Yadav @ Ram Vash Yadav son of Late Munga Lal Yadav
4. Sanjay Yadav @ Sanjay Kumar son of Bindeshwari Yadav @ Bindeshwari Rai null
5. Ajay Yadav @ Ajay Kumar son of Bindeshwari Yadav @ Bindeshwari Rai
6. Sunil Yadav @ Sunil Kumar son of Jagdish Narayan Yadav
7. Santosh Yadav @ Santosh Kumar son of Jagdish Narayan Yadav
8. Jitendra Yadav @ Jitendra Kumar son of Ram Yas Yadav @ Ram Vash Yadav, All Residents of Village- Dhekahan, Police Station- Kesariya, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Birendra Yadav S/o Tribhuwan Yadav R/o Village- Sattarghat Dhekahan, P.S. Kesariya, District- East Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioners are apprehending their arrest in a case registered for offences punishable under Sections 436 and 120(B) of the Indian Penal Code.
It has been submitted on behalf of the petitioners that initially a complaint petition was filed against the petitioners who
Patna High Court Cr.Misc. No.51063 of 2016 (2) dt.14-12-2016 2/3 are the members of one family. The said complaint case was sent to the police for investigation of the case and after investigation, final form was submitted by the police, which was accepted by the learned Court below against which the complainant preferred Criminal Revision. In the said Criminal Revision, the learned Additional Sessions Judge set aside the order and the matter was remanded back to the court below for examining the matter afresh and, thereafter, cognizance for the offences was taken by the Magistrate concerned. Learned counsel for the petitioners further submitted that out and out frivolous allegations have been levelled against them.
Heard learned A.P.P. also.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - XI, East Champaran at Motihari, in connection with Complaint Case No. 2064 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall
Patna High Court Cr.Misc. No.51063 of 2016 (2) dt.14-12-2016 3/3 present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.
(Vinod Kumar Sinha, J) sunil/- U