Gouri Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71986 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- RAJAON District- Banka * ====================================================== 1.
Gouri Yadav 2.
Pramodi Yadav @ Pramod Yadav, Both sons of Damodar Yadav @ Binodi Yadav 3.
Binod Yadav, Son of Chotil Yadav, Resident of Village- Kaith (Bhagwanpur), P.S.- Rajoun, District- Banka.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Brij Nandad Prasad, Advocate For the Opposite Party :
Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code registered in connection with Rajoun P.S. Case No. 250 of 2018.
3. It is submitted that the petitioners have been falsely implicated and in any event, there is no specific accusation of assault against petitioner nos. 1 and 2. The petitioners claim clean antecedents.
4. Considering that the injury no. 1 attributed to petitioner no. 3, namely, Binod Yadav, who assaulted the informant with sword is grievous in nature, this Court is not inclined to grant anticipatory bail to him. The anticipatory bail petition as against him stands dismissed.
5. Be that as it may, as regards petitioner nos. 1 and 2, namely, Gouri Yadav and Pramodi Yadav @ Pramod Yadav, in the
Patna High Court CR. MISC. No.71986 of 2018(5) dt.07-03-2019 2/2 event of their arrest or surrender before the court below within six weeks from the date of communication of this order, let them be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 250 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of petitioner nos. 1 and 2 shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T