Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6371 of 2021 Arising Out of PS. Case No.-555 Year-2020 Thana- BANKA District- Banka ====================================================== 1.

Naresh Yadav S/O Late Bhudeo Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 2.

Raghu Yadav S/O Late Bhudeo Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 3.

Amod Yadav S/O Late Sukhdeo Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 4.

Pramod Yadav S/O Late Sukhdeo Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 5.

Fantus Yadav @ Fantus Kumar S/O Pramod Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 6.

Raj Kumar Yadav S/O Amod Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 7.

Ravi Yadav @ Ravi Kumar Yadav S/O Amod Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 8.

Manoj Yadav S/O Naresh Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 9.

Bipin Yadav @ Bipin Kumar Yadav S/O Naresh Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 10.

Anita Devi W/O Karu Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 11.

Anita Devi W/O Naresh Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 12.

Munni Devi W/O Raj Kumar Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 13.

Kanchana Devi W/O Raghu Yadav Resident Of Village Matdiha, Police Station Banka, District Banka 14.

Manika Devi W/O Pramod Yadav Resident Of Village Matdiha, Police Station Banka, District Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

Patna High Court CR. MISC. No.6371 of 2021(2) dt.24-08-2021 2/3 24-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Banka P.S. case No.555 of 2020 registered under Sections 147, 323, 307, 325 of the Indian Penal Code. Allegation is that the petitioners assaulted the informant and her family members by means of lathi, khanti and iron rod, due to which they sustained injuries on their head and other parts of body.

It has been submitted on behalf of the petitioners that the petitioner Nos.1 and 4 to 14 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner Nos.10 to 14 are ladies. It is a case and counter case between the parties. Free fight is alleged to have taken place. The nature of injury is said to be simple. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

Patna High Court CR. MISC. No.6371 of 2021(2) dt.24-08-2021 3/3 On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. case No.555/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T